Jharkhand High Court
Manmoth Kumar Pati vs Drinking Water And Sanitation on 24 February, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 2163 of 2014
Manmoth Kumar Pati ... Petitioner
Versus
The State of Jharkhand & others .....Respondents.
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioner : Mr. Ravi Kumar Singh, Adv.
For the Respondents : J. C. to Sr. S.C.I
2/24.02.2014The petitioner came with five fold grievances in the writ petition:
(i) For directing the respondents to make payment of salary for the months of August and September, 2012;
(ii) For acceptance of his joining w.e.f. 26th December, 2011 on the post of Works Sarkar on his promotion vide order dated 14th December, 2011;
(iii) For grant of benefits of 1st & 2nd M.A.C.P on completion of 30 years of service as he had been granted only one promotion on 24th December, 2011;
(iv) For payment of arrears of salary under 6th Pay Revision;
(v) For benefits of GradeI since 2011.
According to the petitioner, he was appointed on the post of Key MancumKhalasi under the respondents department of Drinking Water and Sanitation on 19th March, 1982 and during the course of his service he has been granted one promotion vide order dated 14th December, 2011(Annexure2).
In support of the aforesaid claims, the petitioner has stated that his joining was not accepted on 26th December, 2011 which he was entitled to after his order of promotion and further the respondents are required to take a decision in the matter of grant of salary for the months of August and September, 2012.
In respect of prayer no. 1, the respondents have stated that the absentee statement submitted by the petitioner is mismatching and therefore he has to submit an application for earned leave which has not been done as yet. On the question of joining, it has been stated that since there was no post vacant at the relevant point of time, his joining has been accepted after 2 months on the 2. promoted post. Further he has been granted 1st and 2nd MACP. However, they have not made specific statements about his claim for grant of MACP.
Learned counsel for the respondents however has submitted that the petitioner was granted one promotion in December, 2011. So far as the grant of arrears is concerned, it has been paid.
In sum and substance, therefore, for the grievance relating to salary for the months August and September, 2012 which remains outstanding, the petitioner is at liberty to make a proper application before the concerned respondent no.4, Executive Engineer, Drinking Water and Sanitation Department, Government of Jharkhand for grant of leave admissible to him, which may also be considered in accordance with law. The respondents would also consider his claim for MACP, permissible under the MACP Scheme, if not, reasons be communicated to him thereof within a period of 10 weeks from the date of receipt of a copy of this order along with a representation of the petitioner.
Learned counsel for the petitioner has submitted at the end that some of the monetary benefits have not yet been actually paid to the petitioner. He is also at liberty to bring this fact to the notice of the concerned respondent no. 4, Executive Engineer, Drinking Water and Sanitation Department, Government of Jharkhand along with his representation.
Accordingly, the writ petition is disposed of in the aforesaid manner.
(Aparesh Kumar Singh,J) jk