IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.6468 of 2010
Ganesh Jha. ......Petitioner.
Versus
The State of Jharkhand & Ors. .......Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. Apresh Kumar Singh, Advocate.
For the State : J.C. to G.P.II
02/11.04.2011
: In this writ petition, the petitioner has prayed for a direction
on the respondents, particularly, Civil Surgeon, Deoghar, to
accept the joining of the petitioner at Primary Health Centre,
Sarwan, District Deoghar, where the petitioner was to join after
his transfer issued by the Regional Deputy Director of Health
Services, Santhal Pargana Division, Dumka vide his order dated
22nd May, 2010 and also to pay the entire arrears of salary as well
as current salary after joining his post at Primary Health Centre,
Sarwan, District Deoghar.
When this case is taken up, learned counsel for the
petitioner submitted that the petitioner has now been allowed
by the Civil Surgeon to join the post and, accordingly, he had
given his joining on the post at Primary Health Centre, Sarwan,
which has been accepted by letter dated 24th December, 2010
issued by the Civil Surgeon, Deoghar. Regarding the arrears of
salary, the Civil Surgeon has mentioned in the said letter that the
same shall be considered by the Regional Deputy Director of
Health Services, Santhal Pargana Division, Dumka. Learned
counsel submitted that since the petitioner has been allowed to
join the post, the only remaining grievance of the petitioner is of
nonpayment of his arrears of salary as well as current salary. The
petitioner approached the concerned authorities several times,
but no order has been passed till date. It has been submitted
that for nonpayment of salary, the petitioner has been put to
untold hardship and has been reduced to penny.
Learned J.C. to G.P.II, appearing on behalf of the State,
submitted that the Regional Deputy Director of Health Services,
Santhal Pargana Division, Dumka is the competent authority to
consider the petitioner’s grievance and pass appropriate order in
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accordance with law.
Considering the said submissions made by learned counsel
for the parties, this writ petition is disposed of, giving liberty to the
petitioner to file a fresh representation, along with a copy of this
order, before the Regional Deputy Director of Health Services,
Santhal Pargana Division, DumkaRespondent no.3 regarding his
grievance. On receipt of such representation, the said
respondent shall consider the same and pass appropriate order
in accordance with law within a period of four weeks from the
date of receipt of the representation. If the petitioner’s claim is
found admissible, the admitted amount of arrears shall be paid
to the petitioner within a period of six weeks thereafter. The said
respondent shall also pass specific order for payment of current
salary, if the petitioner is found working and legally entitled for
the same.
(Narendra Nath Tiwari, J.)
Sanjay/