Smt. Prabha Debi Mishra vs State of Jharkhand and Others

N.N. Tiwari, J.—In this writ petition, the petitioner has prayed for a direction upon the respondents to pay the arrears of salary for the period from February, 1997 to May, 2001 during which the petitioner was put under suspension; and to pay the arrears of salary for the period from 30.6.2004 to 10.04.2006, during which the petitioner was discharged from service on the alleged ground of committing offence u/s 498-A, I.P.C.

Learned junior counsel to G.P.III appearing for the State respondents submitted that order dated 12.11.2008 has already been passed by the District Superintendent of Education, Hazaribag to pay the arrears of salary to the petitioner. The petitioner was asked to apply for leave but no such application has been submitted by the petitioner till date. It has been also submitted that if the petitioner applies for leave, the same shall be considered and all the admitted arrears of salary as per Memo No. 2925 dated 12.11.2008 shall be paid to the petitioner without any delay.

Learned counsel for the petitioner submitted that application for leave is required for one item i.e. item No. 3 of the said Memo dated 12.11.2008. So far as other items are concerned, the same were payable to the petitioner and for that purpose, order has already been passed but till date payment of arrears of salary has not been made. Learned counsel for the petitioner further submitted that the petitioner shall also apply for leave as required by the respondent but she has apprehension that even after applying for leave, the same shall not be disposed of expeditiously by the said respondent.

Considering the said submissions of the learned counsel and in the facts and circumstances, this writ petition is disposed of directing the respondent No. 3, District Superintendent of Education, Hazaribagh to pay the admitted arrears of salary to the petitioner, as mentioned in Memo dated 12.11.2008, within two weeks for which no application for leave is required. For the admitted arrears of salary, the petitioner is at liberty to file ah application for leave before the respondent No. 3 along with a copy of this order, on receipt of the application the said respondent shall pass appropriate order within two weeks from the date of receipt of such application.

If any amount of arrears is found payable to the petitioner, the admitted amounts shall be paid to her within two weeks thereafter.'' If the admitted amount of arrears is not paid within the said period, the petitioner shall be entitled to get interest @ 10 per cent per annum from the date, the amount is found payable till the date of final payment. The State Government shall be at liberty to realize the said amount of compensatory interest from the erring officers. Petition disposed of.