IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 5616 of 2007
Sheo Shankar Ram Petitioner
Versus
1.The State of Jharkhand
2.The Deputy Commissioner, Palamau
3.The Sub Divisional Officer, Chattarpur, Medninagar
4.The Circle Officer, Hariharganj, Medninagar
5.The Treasury Officer, Medninagar Respondents
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CORAM: The Hon'ble Mr. Justice D.G.R. Patnaik
For the Petitioner: Mr. Ram Kishore Prasad, Advocate
For the Respondents: JC to GP-III
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4. 21.08.2009
Heard Shri Ram Kishore Prasad, learned counsel for the petitioner and JC
to GP-III for the respondent State.
2. The petitioner in this writ application has prayed for a direction upon the
respondents to pay him the retiral dues together with interest @18% per annum
and also compensation for the damage caused to him for non-payment of retiral
dues to him.
3. The petitioner, after having completed about 39 years of service, retired
from the post of Karmachari on 31.1.2000 while posted at Hariharganj. His Group
Insurance amount and Leave Encashment and salary since September 1999 to 31st
January 2000, has not been paid to him without any reason. He had submitted
several representations before the concerned authorities of the respondents, the
last being on 7.8.2007 and when no response was forthcoming, he had to file the
instant writ application.
4. A counter-affidavit has been filed on behalf of the respondents, stating that
having considered the petitioner’s claim, the amount of Group Insurance and
Leave Encashment has already been paid to him by two A/c pay cheques, drawn
in favour of the petitioner. As regards payment of salary from September 1999 to
January, 2000, it is submitted that since the petitioner had retired from service
prior to bifurcation of the erstwhile State of Bihar, liability for making payment of
arrears of salary rests with the State of Bihar. However, the respondent no. 4 had
forwarded a letter to the Secretary of the concerned Department of the State
Government of Jharkhand to release funds to enable payment to the petitioner of
his outstanding dues and as soon as the amount is received, the same would be
paid to him.
5. Considering the rival submissions and the admitted facts, it appears that
the entitlement of the petitioner for the amounts towards arrears of salary from
September 1999 to January 2000 has not been denied and no explanation has been
offered as to why the requisite funds for payment of outstanding dues to the
petitioner, have not been made available to the concerned Department which is
supposed to make payment to the petitioner.
6. In the light of the above discussions, the concerned authorities of the
respondent State of Jharkhand are directed to compute and assess the amount of
arrears of salary payable to the petitioner, if any, for the period from September
1999 to January 2000 and to pay the same with statutory interest, within three
months from the date of receipt / production of a copy of this order. If the amount
is not paid within the stipulated period of three months, the same shall carry
interest @ 12% per annum, calculated from the date when the amount became
payable, till the final payment is made. Furthermore, considering the fact that
though, the other retiral dues have been paid to the petitioner, but only after about
eight years from the date of his retirement, the respondent shall also calculate and
assess interest @12% per annum on such amount from the date when the amount
became payable for payment and till the date final payment was made to the
petitioner and pay the same to him within the period stipulated above.
With these observations, this writ application is disposed of.
Let a copy of this order be given to the learned counsel for the respondent
State.
(D.G.R. Patnaik, J)
Ranjeet/