Md. Hasnain Khan vs State of Jharkhand and others

Pramath Patnaik, J.—In the instant writ application, the petitioner has inter alia prayed for payment of salary for the period from January 2007 to September 2010 and for payment of full pension.

The facts, as disclosed in the writ application, in a nutshell is that the petitioner was initially appointed as Assistant Clerk in the district of Latehar on 25.02.1980 and superannuated from service on 30.09.2010 from Chandwa Block. After retirement from service, the petitioner has got post retirement benefit i.e. gratuity, leave encashment, G.P.F., but the salary for the aforesaid period has not been paid to the petitioner. Learned counsel further submits that at present petitioner is getting provisional pension, which is 90% of full pension.

Learned counsel for the petitioner submits that the B.D.O., Chandawa has written letter dated 28.03.2012 to the Deputy Development Commissioner, Latehar for allotment of fund for payment of salary to several employees including this petitioner. It is also submitted by learned counsel for the petitioner that the B.D.O., Chandawa vide letter dated 20.11.2013 and 10.06.2014 asked the Deputy Development Commissioner, Latehar for allotment of funds for payment of salary of several employees including this petitioner as evident from Annexure-3 series. Although, the petitioner has approached the concerned authorities for redressal of his grievance and made representation before him on 30.11.2013 but the same fell on deaf ears.

Learned counsel for the petitioner further submits that if a direction is issued to the respondents more particularly respondent no. 3 to dispose of the representation then the grievance of the petitioner shall be mitigated.

Mr. Sahil, J.C to SC (L & C) so also counsel appearing for the respondent no.6-Accountant General have no serious objection to that course of action.

In view of the limited nature of grievance and without delving into the merit of the matter, the writ petition is disposed of with liberty given to the petitioner to submit a fresh representation within a period of three weeks from today. On receipt of such representation, the respondent no.3 shall consider the same in accordance with law and shall pass a reasoned and speaking order within a period of twelve weeks thereafter, which shall also be communicated to the petitioner.

It is needless to mention that if the claim of the petitioner regarding admissible salary for the aforesaid period and pension are found to be genuine and legally admissible, the same shall be paid to the petitioner within a period of eight weeks thereafter.

With the aforesaid direction, the writ petition stands disposed of.