Ajay Kumar Singh And Others vs The State Of Jharkhand And Other on 12 June, 2013

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Jharkhand High Court

Ajay Kumar Singh And Others vs The State Of Jharkhand And Other on 12 June, 2013

Bench: Narendra Nath Tiwari

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P.S. No. 3206 of 2012

          1.   Ajay Kumar Singh.
          2.   Mrs. Jaya Mantri Devi.
          3.   Kapil Deo "Kapil"
          4.   Narendra Kumar Singh.
          5.   Renu Bala                     .....Petitioners
                                 Versus
          The State of Jharkhand & Ors.      ....Respondents
                                       -----
          Coram:HON'BLE MR. JUSTICE NARENDRA NATH TIWARI

          For the Petitioners         : Mr. Arshad Hussain, Advocate
          For the Respondents         : JC to Sr.C. 1
                                      -----
          I.A. No. 3418/2013

6/12.06.2013

In this I.A. the petitioners have prayed for fixing an early date of hearing of W.P.(S) No.3206/2012.

Learned counsel appearing on behalf of the petitioners submitted that this case is squarely covered by the decision in W.P. (S) No.2774/2004 (Zahid Hussain & Ors. Vs. State of Jharkhand & Anr.) and the case be disposed of in terms of the said order.

Learned J.C. to Sr. S. C. I, appearing on behalf of the respondents, submitted that the case itself can be heard and disposed of at this stage in stead of fixing any other date for hearing.

In view thereof, with the consent of the parties, W.P.(S) No.3206/2012 itself is finally heard and is being disposed of by a separate order. No order for fixing an early date is required.

I.A. No.3418 of 2013 stands disposed of.

( Narendra Nath Tiwari, J) Rakesh/ IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.S. No. 3206 of 2012

1. Ajay Kumar Singh.

2. Mrs. Jaya Mantri Devi.

3. Kapil Deo "Kapil"

4. Narendra Kumar Singh.

5. Renu Bala .....Petitioners Versus The State of Jharkhand & Ors. ....Respondents

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Coram:HON'BLE MR. JUSTICE NARENDRA NATH TIWARI For the Petitioners : Mr. Arshad Hussain, Advocate For the Respondents : JC to Sr.C. 1

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7/12.06.2013 In this writ petition, the petitioners have prayed for a direction on the respondents to pay the salary to the original petitioners which was not paid from 15.5.2001 till their earlier absorption in different departments.

The petitioners were appointed on the posts of Supervisors in the Adult Education Programme in different stages between 1978 to 1987 by observing all the legal formalities. The said programme continued up to April 2001. The petitioners, thereafter, were declared surplus. Subsequently, they were adjusted in different departments along with other similarly situated persons in August 2007. However, they were not paid salary of the intervening period.

Aggrieved by non-payment of salary of the said period, similarly situated persons, namely Zahid Hussain and others, had filed W.P.(S) No. 2774/2004 in this Court. After hearing the parties and considering the facts and materials on record, this Court disposed of the writ petition holding that the State Government is duty bound to pay salary to the petitioners after the date of abolition of Non-formal Education Project. The respondents were directed to pay salary to the said petitioners for the intervening period.

The State-respondents contested the petitioners' claim up to the Supreme Court, but they did not succeed. The said order was upheld up to the Apex Court.

It has been submitted that the petitioners' case is fully covered by the decision in Zahid Hussain & Ors. Vs. State of Jharkhand & Anr. [W.P.(S) No. 2774/2004]. The petitioners have prayed for the same relief.

Learned J.C to Sr.S.C.I appearing on behalf of the respondents -2- has not disputed the said facts and contentions. He further submitted that if the petitioners' case is similar to the case of Zahid Hussain & Ors., similar treatment will be meted out to them, if they approach the appropriate authority. He submitted that the Commissioner-cum- Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi is the competent authority to consider the petitioners' claim and pass appropriate order.

In view of the said submissions, this writ petition is disposed of giving liberty to the petitioners to file representation regarding their claim, before the Commissioner-cum-Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi with a copy of the decision of this Court in Zahid Hussain & Ors. (supra). On receipt of representation, the said respondent shall consider the petitioners' claim and pass appropriate order in accordance with law, within six weeks from the date of receipt of the representation.

If the said respondent finds that the petitioners' case is identical to the case of Zahid Hussain & Ors. (supra), he shall pass similar order regarding payment of arrears of salary to the petitioners for the period from 15.5.2001 till the date of their absorption in the service, within six weeks thereafter.

If the amount(s) found payable to the petitioners is / are not paid within the aforesaid period, the petitioners shall be entitled to get interest @ 10% per annum from the date the amount(s) is / are due till final payment.

( Narendra Nath Tiwari, J) Rakesh/

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