Ramdulal Dehri vs Human Resource Development on 10 December, 2013

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Jharkhand High Court

Ramdulal Dehri vs Human Resource Development on 10 December, 2013

Bench: Narendra Nath Tiwari

                         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    W.P.(S) No. 1175 of 2013
        Ramdulal Dehri                                        ..... Petitioner
                                          Versus
        The State of Jharkhand & Others                       ..... Respondents
                                           -----
                   CORAM: HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
                                           -----
        For the Petitioner        - Mr. Arshad Hussain
        For the Respondents       - Mr. J.C to G.A
                                           -----


4/10.12.2013

In this writ petition, the petitioner has prayed for a direction on the respondents to pay the salary to the petitioner w.e.f 16.5.2001 till his readjustment / rejoining (20.2.2008) in department of Food and Civil Supply after his absorption in service.

The petitioner was appointed on the posts of Supervisor in the Adult Education Programme on 20.2.1980 by observing all the legal formalities. The said programme continued up to April 2001. The petitioner, thereafter, was declared surplus and, subsequently, adjusted in the department of Food and Civil Supply on 20.2.2008. But he was 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 petitioner's 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 petitioner, thus, requires the same relief, but that has been denied by the respondents.

Learned J.C to G.A 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 petitioner's case is almost identical. He submitted that the Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi is the competent authority to consider the petitioner's claim and pass appropriate order.

Considering the above submissions, this writ petition is disposed of giving liberty to the petitioner to file representation regarding his 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 petitioner's 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 petitioner's case is identical to the case of Zahid Hussain & Ors., supra, he shall pass similar order regarding payment of arrears of salary to the petitioner for the period from 16.5.2001 till the date of his absorption in the service (20.2.2008), within six weeks thereafter. If the amount(s) found payable to the petitioner is 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.

S.K                                                       (NARENDRA NATH TIWARI, J)

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