Jharkhand High Court
Dr Vidya Sagar vs Animal Husbandry And Fisheries ... on 3 February, 2015
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 6789 of 2013
Dr. Vidya Sagar ..... Petitioner
Versus
State of Jharkhand & Others ..... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
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For the Petitioner - Mr. Ashutosh Anand
For the State of Jharkhand - Mr. J.C to G.P-III
For the State of Bihar - Mr. Ram Nivas Roy
For the A.G - Mr. Sudarshan Shrivastava
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5/3.2.2015The petitioner has approached this Court for the following reliefs:
(a) Salary for the period February 2008.
(b) Salary for the period January 2009, February 2009, May 2009 to 12.8.2009 and December 2009.
(c) Salary for the period January 2010 and February 2010.
(d) NPA for the period March 2000 and April 2000.
(e) 6th Pay Revision dues for the period 1.1.2006 to 12.8.2009.
(f) D.A @ 6% for the period January 2008 to April 2008.
(g) D.A @ 7% for the period July 2008 to October 2008.
It has been submitted that the petitioner had been appointed as Touring Veterinary Officer and presently posted as Block Animal Husbandry Officer, Arki, Khunti, The grievance of the petitioner is that certain dues including non-practicing allowance and the benefits of 6th Pay Revision, have not been released.
The respondents-State has filed counter affidavit, wherein the statements have been made that the petitioner, after having been relieved from the State of Bihar on 12.8.2009, had joined in the State of Jharkhand on 13.8.2009. Hence, most of the dues are related to the period when the petitioner was posted in the State of Bihar, as such the request was made to the Government of Bihar to provide necessary information / reasons for non-payment of the said dues / arrears vide letter dated 28.3.2014.
Accountant General, Jharkhand has also filed counter affidavit, wherein at Paragraphs - 4 & 5, following statements have been made:
"4. That it is to state and submit that the petitioner was transferred to State of Jharkhand vide Notification No. 2521 dated 06/08/2009 issued by the Animal Husbandry & Fisheries Department, State of Bihar on the basis of mutual transfer. The petitioner, accordingly, joined on 13/08/2009 as Touring Veterinary Officer, Chainpur, Palamau, Jharkhand.
5. That it is further stated that the letter No. 2262 dated 20/08/2010 of the Finance Department, Government of Jharkhand, Ranchi clearly stipulates that the officers whose transfer has been made on mutual basis, the benefits of 6th Pay Commission will be admissible to them only from the date of their joining in the State. As such the office of the answering respondent has authorized the Pay Slip in favour of the petitioner with effect from 13/08/2009 being the date of his joining. It is further to state and submit that Pay Slip for NPA for April 2000 has also been authorized by the Entitlement Cell, Finance Department, Government of Bihar vide Pay Slip No. 3211 dated 24/08/2000. However, the Pay Slip for the period of March 2000 cannot be issued in favour of the petitioner since the Health Department, Government of Jharkhand, clearly enunciates in its letter No. 98(20) dated 11/03/2013 that NPA for the period prior to 01/04/2000 is not admissible to all types of Medical Officers."
Since the petitioner is raising grievance for release of certain dues including the benefits of 6th Pay Revision and non-practicing allowance, which at first have to be decided by the respondents by taking appropriate decision in accordance with law.
In view of the above, this writ petition is disposed of directing the Secretary, Animal Husbandry and Fishery Department, Government of Jharkhand, Ranchi (respondent No.1) to treat this writ petition as representation and pass appropriate order in accordance with law in consultation with the Secretary, Finance Department, Government of Jharkhand, Ranchi (respondent No.2), within sixteen weeks from the date of receipt of a copy of this order and communicate the same to the petitioner within the period aforesaid.
S.K (SUJIT NARAYAN PRASAD, J)