Grishna Tudu vs Human Resource Development on 11 May, 2015

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Jharkhand High Court

Grishna Tudu vs Human Resource Development on 11 May, 2015

Bench: Aparesh Kumar Singh

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                WP(S) No. 6629 of 2013
                                          ----
           Grishna Tudu                           ...   ...     Petitioner
                                       -Versus-
           1.The State of Jharkhand
           2.The Secretary, Department of Human Resource and
             Development, Government of Jharkhand, Ranchi
           3.The Secretary, Department of Primary, Secondary and
             Mass Education, Government of Jharkhand, Ranchi
           4.The Director, Mass Education and Primary Education,
             Government of Jharkhand, Ranchi. ...       ...   Respondents
                                          ----
           CORAM :HON'BLE MR. JUSTICE APARESH KUMAR SINGH
                                          ----
           For the Petitioner        :Mr.A.K.Sinha
           For the Respondents       :Mr. D.K.Dubey, Sr.SC I
                                          ----

02- 11.05.2015    The petitioner herein is seeking salary for the period from 16.5.2001 till

            18.2.2008

when he was absorbed vide order dated 24.7.2007 issued by the Human Resource Development Department bearing letter no.1137, Annexure C, where his name appears at serial no.65 and belongs to the member of scheduled tribe. Petitioner was one of the persons whose services were declared surplus when the earlier Non-Formal Education Scheme was closed in 2001. Petitioner claims to have been serving as Supervisor in the said Department from 1981. He is said to have been posted now as Block Supply Inspector at Tisri in Giridih District and also made a representation before the Secretary, Department of Human Resource Development .

Learned Senior SC I appearing on behalf of the State, though has filed a counter affidavit inter alia taking several pleas but fairly points out that the issue in hand is no longer res integra in view of the judgment of the Hon'ble Supreme Court in the case of State of Jharkhand & ors Vs. Asgar Ali & ors, passed in Special Leave to Appeal (C) CC No.10361-10364 of 2014 dated 18.7.2014. The order passed in the said Special Leave to Appeal is quoted hereunder for better appreciation:

"Upon hearing the counsel the Court made the following ORDER Delay condoned.

Having heard Mr. P.P.Rao, learned senior counsel for the respondents and taken into view the order passed in SLP No.1377 of 2011 etc., we are not inclined to interfere. However, the payment of arrears to the employees shall be done in a phased manner within a period of two years from today.

With the aforesaid modification in the order of High Court, the special leave petitions stands dismissed."

Having regard to the aforesaid facts and the judgment rendered by the Hon'ble Apex Court on the subject, it is deemed expropriate to dispose of this writ petition by allowing the petitioner to approach the respondent no.2, the Secretary, Department of Human Resource and Development, Government of Jharkhand, Ranchi for redressal of his grievances in accordance with law as also in view of judgment rendered by the Hon'ble Apex Court in the case of State of Jharkhand & ors Vs. Asgar Ali & ors. (Supra) within a reasonable time, preferably within a period of 12 weeks from the date of receipt of a copy of this order and the petitioner's representation. Needless to say, it would be open for the respondent no.2 to take a decision in the matter of payment of admissible dues of salary in phases as per the direction passed in the judgment by the Hon'ble Apex Court.

This writ petition stands disposed of.

(Aparesh Kumar Singh, J. ) Pandey

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