Jharkhand High Court
Sonu Kr Jha And Anr vs Human Resource Development on 11 August, 2014
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 741 of 2014
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1. Sonu Kr. Jha
2. Juli Kumari ... ...Petitioners
-V e r s u s-
The State of Jharkhand and Ors. ... ...Respondents
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CORAM: - HON'BLE MR. JUSTICE APARESH KUMAR SINGH
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For the Petitioner : - M/s Prem Pujari Roy & Rounak Sahay, Adv.
For the Respondent : - JC to GP-V
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02/11.08.2014Heard learned counsel for the petitioners and the respondent-State.
The grievances of the petitioners herein, who are son and daughter of late Sanjay Kumar Jha, an Assistant Teacher, who is said to have died on 18.05.2005 in harness, are in relation to claim of salary for the period from October, 1996 to March, 1997 as also for the period November, 1997 to October, 2000.
The petitioners' contention is that for two days' absence i.e. from 23.10.1997 to 24.10.1997, the petitioners' father was placed under suspension and proceeded against in a department enquiry which ended up in punishment of withholding of one increment with cumulative effect as also warning to remain cautious in future by order dated 03.03.2001, Annexure-2. However, it was also observed that the petitioners' father would be entitled for salary for the period of suspension i.e. November, 1997 to October, 2000, after adjusting subsistence allowance, which however has remained unpaid. Learned counsel for the petitioners also submit that salary for the period October, 1996 to March, 1997 has not been paid to the petitioners' father in the absence of absentee statement, as is evident from Annexure-3, a certificate of unpaid dues issued by the Principal of the Government Middle School, Sarva, district Deoghar dated 25.11.2008. Therefore after making representation before the respondent no. 3, the District Superintendent of Education, Deoghar, vide Annexure-4, they have approached this Court since the same has not been redressed.
After the writ petition was filed in February, 2014 and despite correspondences have been made by the learned counsel for the respondent-State, no counter affidavit has been filed as would appear from the statement made by the learned State counsel.
In such circumstances, at this stage, instead keeping the writ petition pending, the same is being disposed of as issue raised herein are required to be decided at the first instance by the respondent authorities themselves upon verification of the relevant service records of the deceased employee. Accordingly, the petitioners may represent before the respondent no. 3, the District Superintendent of Education, Deoghar for their aforesaid grievances with a fresh representation duly supported with all necessary facts and documents within a period of three weeks through proper channel. On receipt of such representation, the respondent no. 3, the District Superintendent of Education, Deoghar would consider the same in accordance with law and after due verification of the relevant service records of the deceased employee, take a decision thereupon within a period of 12 weeks thereafter, which shall also be communicated to the petitioners.
Needless to say, if any of the dues are found to be payable and legally admissible to the petitioners, the same be paid within a period of six weeks thereafter along with statutory interest, if any.
The writ petition is, accordingly, disposed of in the aforesaid manner.
(Aparesh Kumar Singh, J.) Kamlesh/