Amrendera Kumar And Anr vs Human Resource Development on 6 January, 2014

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Jharkhand High Court

Amrendera Kumar And Anr vs Human Resource Development on 6 January, 2014

Bench: Narendra Nath Tiwari

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     W.P.(S) No.35 of 2013

         1.Amrendera Kumar
         2.Md.Ghulam Mustafa Siddiqui                            .... Petitioner
                                   Versus
         State of Jharkhand & Ors.                               ...Respondents

         Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari

         For the Petitioner        : Mr. Arshad Hussain, Advocate
         For the Respondents       : J.C. To S.C.II
                               -----

04/06.01.2014

In this writ petition, the petitioners have prayed for a direction on the respondents to pay the salary to the petitioners w.e.f 16.5.2001 till their readjustment/rejoining in different departments after their absorption in service.

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 and, subsequently, adjusted in different departments in August 2007. But they were not paid salary for the intervening period.

Aggrieved by non-payment of salary, similarly situated persons, namely, Zahid Hussain, Jiwan Oraon, Murlidhar Pathak, Abdul Quddus, Lakhan Prasad and Madan Mohan Vishwakarma had filed W.P. (S) No. 2774/2004 before this Court. This Court, after hearing the parties and considering the facts and materials on record, passed the order 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, accordingly, directed to pay salary to the petitioners for the intervening period.

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

The petitioners' case is fully covered by the said order of this Court passed in Zahid Hussain & Ors. Vs. State of Jharkhand & Anr. [W.P.(S) No. 2774/2004]. The petitioners, thus, required the same relief, but that has been denied by the respondents.

Learned J.C to S.C.-II appearing on behalf of the respondents has not disputed that the facts of the case of Zahid Hussain & Ors, supra, and the facts of the petitioners' case are almost identical. He submitted that the Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi is the competent authority to consider the petitioners' claim and pass appropriate order.

.2.

Considering the above submissions, this writ petition is disposed of giving liberty to the petitioners to file representation regarding their claim, before the 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 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 16.5.2001 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 same shall carry interest @ 10% per annum from the date the amount(s) was/were payable till final payment.

( Narendra Nath Tiwari, J.) s.b.

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Jharkhand High Court