IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.1605 of 2011
Peter Xalxo. ......Petitioner.
Versus
The State of Jharkhand & Ors. .......Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : Mr. H. K. Mahato, Advocate.
For the State : J.C. to S.C.I
For A.G. : Mr. S. Srivastava, Advocate.
02/29.06.2011
: In this writ petition, the petitioner has prayed for a direction
on the respondents to pay the arrears of leave salary for the
period 10th April, 1997 to 5th December, 1997 and half pay leave
salary for the period from 6th December, 1997 to 12th January,
1998. He has also prayed for a direction on the respondents to
pay him all admissible retiral dues.
It has been stated that the petitioner retired as Assistant
Commissioner of Commercial Taxes, Singhbhum Circle,
Jamshedpur on 31st January, 2011. During his service period, the
petitioner had availed leave. The leave was granted and the
salary for the period from 10th April, 1997 to 5th December, 1997
(total 240 days) and half salary for the period from 6th December,
1997 to 12th January, 1998 were sanctioned by Notification
no.2282 dated 1st October, 2008. The office of the Accountant
General had also issued pay slip on 5th March, 2009 for the said
amount. But the amounts which are payable to the petitioner
during service period has not been paid to the petitioner. The
petitioner, thereafter, retired and after his retirement he was
entitled to get all his service terminal benefits including the said
amount of leave salary, already sanctioned by the competent
authority. But in spite of his repeated requests and
representations neither the said amount of service period nor his
retirement benefits have been paid to him till date.
Learned J.C. to S.C.I, appearing on behalf of the State
respondents, has not denied the said facts and contentions.
Mr. S. Srivastava, learned counsel, appearing on behalf of
the Accountant General, has also accepted that the pay slip
2
was issued from the office of the Accountant General on 5th
March, 2009.
In view of the above, this writ petition is disposed of,
directing the Respondent nos.2 and 3 to make payment of the
amount of leave salary, which was already sanctioned long
back in 2008 and payment order was passed by the Accountant
General on 5th March, 2009, within a period of six weeks from the
date of receipt/production of a copy of this order.
So far as the retiral dues are concerned, the petitioner is at
liberty to file representation, along with a copy of this order,
before the concerned departmental authority, giving details of
his claim/dues. If such representation is filed, the concerned
authority shall consider the same and pass appropriate order in
accordance with law within a period of eight weeks from the
date of receipt of the representation.
If the petitioner is found entitled to get one or the other
claim(s)/due(s), the admitted amount with statutory interest shall
be paid to him within a period of six weeks thereafter. If the
amount(s) found payable to the petitioner is/are not paid within
the said period, the petitioner shall be further entitled to get
additional interest @ 10% per annum till final payment.
(Narendra Nath Tiwari, J.)
Sanjay/