Man Singh Melgandi vs State of Jharkhand and Others

Amareshwar Sahay, J.—Heard the parties.

The grievance of the petitioner is that though he was appointed as a Village Extension Worker on 15.05.1995 but has been paid his salary up to January, 1996 only and since February, 1996, he has not been paid anything. Accordingly, prayer has been made to direct the respondent''s to pay his legitimate arrears of salary from February, 1996 till dale.

According to the petitioner, alter he was appointed in May, 1995, he was working as a Village Extension Worker at Manjhgaon and subsequently, by an office order dated 06.08.1996, under the signature of the District Education Officer, Singhbhum, Chaibasa, he was sent from Manjhgaon to Goelkera but his salary since February, 1996 is not being paid to him.

On the other hand, the stand of the State, by filing counter affidavit, is that the petitioner was appointed purely on temporary basis as a Village Extension Worker under the World Bank Agriculture Extension Scheme, 1995 on a temporary basis. The said Scheme was a temporary one and it was being sanctioned by the Government on yearly basis. It is also stated that in the year 1996 - 97, the said Scheme was not sanctioned by the Government and therefore, it came to an end and as such, question of payment of any salary etc. to the petitioner, who was appointed under a temporary scheme for one year only, does not arise.

It is further stated in the counter affidavit filed by the respondent No. 2 that pursuant to the order passed by this Court in W.P.(S) No. 3535 of 2001, the Agricultural Department, Government of Jharkhand, took a decision to reappoint the 78 Village Extension Workers including the petitioner vide letter No. 3232 dated 13.11.2003. who were terminated clue to winding up of the World Bank Scheme in the year 1996. The Deputy Commissioner, Singhbhum at Jamshedpur, passed an order for reappointment of the petitioner as also the similarly situated other persons by issue of Annexure-B to the said Counter Affidafit. Pursuant to the order of the Deputy Commissioner, the petitioner accepted the terms and condition of appointment and consequent thereto, by filing an affidavit before joining, he stated that he would not claim any arrears of salary etc. It is after filing of such affidavit, the joining of the petitioner was accepted. Therefore, it is clear that at the one hand, the petitioner has accepted the terms of appointment as mentioned in Annexure-B to the Counter Affidavit by filing affidavit for not claiming arrears of salary and on the other hand, by filing the instant writ petition, prayer has been made to pay salary from February, 1996 onwards.

It is not disputed that after reappointment, the petitioner is being paid his salary.

Considering the above facts slated hereinabove, I find that the petitioner was initially appointed in the year 1995 under Temporary World Bank Scheme which was in operation only for a period of one year and as soon as the life of said Scheme expired on completion of one year, the engagement of the petitioner as Village Extension Worker under the World Bank Scheme came to an end since the Scheme was not sanctioned by the Government for the year i.e. 1996 - 97. However, thereafter, the petitioner was reappointed on 20.02.2004 and, therefore, he cannot be said to be; entitled to any salary for the period in between February, 1996 till January, 2004 i.e. in between the period when he was not in service.

In this view of the mailer, I do not find any merit in the claim of the petitioner, for payment of any arrears of salary. Consequently, this writ petition is dismissed.