IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S ) No. 2343 of 2009
Suresh Seraphin.... ... ... ... ... Petitioner
Versus
The State of Jharkhand & Ors. ... ... ... Respondents
CORAM: HON'BLE MR. JUSTICE SUSHIL HARKAULI
For the Petitioner: Mr. Rajiv Ranjan
Mr. Abhay Kr. Mishra
For the Respondents: Mr. J.C. to S.C.I
For the A.G. Mr. S. Srivastava
2/4.8.2009
I have heard learned counsel for the petitioner, learned counsel for
the State and learned counsel for the Accountant General.
The petitioner was officiating as Joint Commissioner, Commercial
Taxes, Head Quarters, Ranchi. He was given a substantive promotion to the
post of Joint Commissioner pursuant to which he gave a joining report on
the said post at Ranchi on 18.11.2008.
The Accountant General refused to issue/release pay slip for the
petitioner on the ground that there was no ‘notification’ of the Government
consequent upon the promotion, for posting of the petitioner against the
particular post in Ranchi, on which the petitioner joined after the
substantive promotion.
The State has filed a counter-affidavit accepting the promotion and
joining of the petitioner but the said counter- affidavit says that there is no
requirement of the ‘notification’ of posting and Rule 58 of Jharkhand Service
Code, 2001 stands complied with.
It appears that the stand of State Government is not accurate. The
Accountant General issues pay slip on the basis of the ‘notification’ posting
the officer against a particular post. The salary is adjusted against the
salary for that particular post.
Considering the overall facts and in order to ensure that there is no
financial indiscipline, it is directed that the State Government will issue
proper ‘notification’ posting the petitioner against the post on which the
petitioner joined on 18.11.2008 with effect from the date of his joining. A
copy of that ‘notification’ will be sent to the Accountant General. This will be
done by the State Government within two weeks from the date on which a
certified copy of this order is produced before the Secretary, Finance
Department, Govt. of Jharkhand.
Upon receiving the said ‘notification, the Accountant General will
issue the pay slip within next two weeks.
This writ petition is accordingly, disposed of.
(Sushil Harkauli, J.)
Sudhir/FA