Shyamdeo Singh, S/o Late Bhagwan Singh vs State Of Jharkhand

Deepak Roshan, J

The instant writ application has been preferred by the petitioner for the following reliefs:

“(i) To issue a writ in the nature of mandamus commanding the Respondent No. 3 to pay the entire back salary and emoluments with effect from 01.06.2005, as the petitioner relieved from the State of Bihar on 01.06.2005, in order to join over the allocated cadre, hence the petitioner joined under the Jharkhand Cadre on 29.06.2005.

(ii) To issue a writ in the nature of mandamus commanding the Respondent No. 3 & 4 to pay the entire back salary and emoluments with effect from 01.06.2005, because after allocation of the cadre, the petitioner joined in State of Jharkhand on 29.06.2005, as the petitioner, is validly entitled for the same.

(iii) Any other relief or reliefs.”

Learned counsel for the petitioner submits that interest of justice would be sufficed by giving liberty to the petitioner to approach the concerned respondent by filing a fresh detailed representation with regard to the prayer made in this writ application. He further submits that the concerned respondent may be directed to take a decision in the matter in accordance with law and applicable rules and regulations in view of the fact that the petitioner was promoted to the post of Sub-Inspector in the erstwhile State of Bihar but his joining was accepted as Assistant Sub-Inspector in the State of Jharkhand.

Learned counsel for the respondents opposes the prayer made in the writ application however submits that if the petitioner chooses to approach the concerned respondent, he may do so.

Having regard to the limited submission of the petitioner and looking to the prayer made in this writ application it appears that till date there is no order either accepting or rejecting the claim of the petitioner. Accordingly, the instant writ application is hereby disposed of by giving liberty to the petitioner to approach the 2nd Respondent by filing a detailed representation with regard to the claim made in this writ application. If any such representation is preferred before the 2nd Respondent within a period of six weeks from today then the 2nd respondent shall pass an appropriate order in accordance with applicable rules and regulations. The entire exercise shall be completed within a period of four months from the date of receipt of such representation.