IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 3286 of 2009
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Jaiwanti Devi ... ... Petitioner
Versus
The State of Jharkhand and others ... ... Respondents
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CORAM : HONBLE MR. JUSTICE R. K. MERATHIA
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For the Petitioner : Mr. Atanu Banerjee, Advocate
For the Respondents : Mr. R. Krishna, Sr. S.C.I
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4. 12.03.2010
: It is submitted that the amount of unutilised leave of the
petitioner amounting to Rs. 97,440/- was withheld for the period of
eleven years without any valid reasons and ultimately the same has
been paid on 4.11.2009 only after filing of this writ petition. Therefore,
a reasonable compensation should be paid to the petitioner at least
from 5.2.2008 when the said amount was authorised to be paid till the
date of payment of the said amount.
It is further submitted that the arrears of the salary of petitioner
for a period from September 1997 to 17th March 2008 i.e. death of her
husband has also not been paid, without any reason.
State counsel submitted that the amount of leave encashment
could not be paid as the amount related to the period of united Bihar.
With regard to the salary for the said period, he submitted that the
payment was ready and it is not known why it was not received by the
petitioner.
In the circumstances, respondent no. 4 – Deputy Secretary,
Finance Department, Government of Jharkhand, Ranchi and Civil
Surgeon-cum-Chief Medical Officer, Palamau – respondent no. 5 are
directed to see that the petitioner receives the salary of her husband
from September 1997 to 17.3.2008 within six weeks from the date of
receipt/production of copy of this order.
An amount of Rs. 10,000/- will also be paid to the petitioner as
compensation for delayed payment of the admitted amounts which can
be recovered from the erring officers, if found guilty for causing delay.
The said amounts will be paid to the petitioner after she files an
affidavit sworn by the other legal heirs of her deceased husband
stating therein that they have got no objection if the petitioner receives
the said amounts.
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With these observations and directions, this writ petition is
disposed of.
(R. K. Merathia, J.)
R. Shekhar Cp 2