IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP ( S ) No. 1908 of 2008
Kishore Kumar Singh .... Petitioner
Versus
Bharat Coking Coal Limited and others ... Respondents
Coram : HON'BLE MR. JUSTICE D.G.R. PATNAIK.
For the petitioner (s) : Mr R.S. Majumdar
For the respondents : Mr. Ananda Sen.
19.03. 2009. Heard the counsel for the parties.
Petitioner in this application has prayed for issuance of
a direction to the respondents to pay him his salary for the month of
August and September, 2007 and also to pay his retiral dues including
fixation of pension on the basis of the last pay drawn.
Although no counter affidavit has been filed but the
learned counsel for the respondents would submit that since
representation of the petiotner is already pending before the concerned
authorities of the respondent, necessary direction could be made in this
regard.
Learned counsel for the petitioner submits that the
petitioner having been inducted into service on 2.5.1967, an identity card
was issued to him specifying the date of birth as 27..9.1947 which was the
date mentioned in his Matriculation certificate. Thereafter, the petitioner
continued in service and by virtue of the promotion granted to him from
time to time, he gained the ultimate position of Assistant Engineer.
However, he was issued a notice of suppuration declaring that he would
retire by the end of 31. 7. 2007. Being aggrieved, the petitioner filed a
representation for rectification of the date of his superannuation and when
there was no response, he filed WP no. 3689 of 2007 which was disposed of
by allowing the petitioner's prayer and declaring his date of retirement as
30.9.2007
.
Learned counsel would argue that since the declaration
by this Court has already been made regarding the date of his retirement,
the respondents are liable to pay to the petitioner his salary for the months
2
of August, and Sep. 2007. As the respondents have failed to pay the
same, the petitioner had to file this application .
It appears from the averments made in the writ petition
and the submissions made on behalf of the petitioner that a
representation was filed by the petitioner before the concerned authorities
of the respondent demanding payment of salary for the two months, but
the same is yet to be disposed of.
Considering the facts and circumstances of the case, the
petitioner is directed to file a fresh representation along with a copy of this
order and within one month from the date of receipt of the representation,
the concerned authorities of the respondent shall pass an appropriate
order on the petitioner’s claim and communicate the decision effectively to
the petitioner.
The respondents shall compute the retiral dues
payable to the petitioner and also fix the pension payable to him on the
basis of last pay drawn by him and ensure that the payment is made to the
petitioner within two months from the date of the decision on his
representation.
With the above observations, this application is
disposed of.
Let a copy of this order be given to the counsel for the
respondents.
Ambastha/ (D.G.R. Patnaik,J)