Satyendra Kumar Singh v. The State Of Bihar

Patna High Court CWJC No.21247 of 2012 (4) dt.10-01-2013 payment of salary is made to him. Learned counsel for the petitioner submits that in compliance of the order passed by the Hon’ble Apex Court, the petitioner and several other persons were appointed on the post of clerk by an order dated 5th March, 2003 (Annexure-1) issued by the District Collector, Darbhanga. The name of the petitioner is at serial no. 6 of the aforesaid order. One of the conditions for payment of salary was that all the newly appointed clerks will have to produce ‘no dues certificate’ from their parent department, i.e. Department of Co-operative within a period of two months, and only thereafter, the payment of salary shall be made to them. It is contended that in compliance of the aforesaid order dated 5th March, 2013, the petitioner joined the post and he was posted in the District Supply Office, Darbhanga by an order dated 29.4.2003 issued by the Establishment Deputy Collector, Darbhanga vide an order contained in Annexure-2. According to the learned counsel, the petitioner is presently posted and working on the post of clerk in the office of the Circle Officer, Hayaghat in the distinct of Darbhanga. It is claimed that though the petitioner is continuously working on the post of clerk, but no dues certificate has not been issued to him by the respondent no. 5, as result of which he is not getting his salary. Patna High Court CWJC No.21247 of 2012 (4) dt.10-01-2013 Learned counsel appearing on behalf of respondents submits that while the petitioner was working as Paid Manager of PACCS, an amount of Rs. Five lakhs and odd was taken by him by way of advance, which has been, now, treated as a loan amount by an order issued by the competent authority. According to him, by now the total amount payable by the petitioner comes to Rs. Twelve lakhs and odd, which all have been detailed in prargraph-8 of the counter affidavit. According to the learned counsel for the respondents, out of the total outstanding dues against the petitioner, he has deposited a sum of Rs. 3, 28,718/- only, and therefore, unless and until the entire balance dues is paid by him, no dues certificate cannot be issued to him by the respondent no. 5. At this stage learned counsel for the petitioner disputes the calculation made by the respondent no. 5, and submits that he is entitled to receive certain arrears of salary from the respondents, and that amount is being neither paid to him nor adjusted against outstanding dues. He further submits that after payment or adjustment of arrears of salary, if any further amount becomes payable, then the petitioner shall make payment of the said amount the respondent concerned, whereafter, respondent no. 5 should issue no dues certificate to the petitioner. Patna High Court CWJC No.21247 of 2012 (4) dt.10-01-2013 After having heard the parties and in the given facts of the case, this Court is of the opinion that in view of the disputed question of facts, particularly regarding calculation made by the respondent no. 5, and outstanding dues against the petitioner no direction can be issued by this Court for issuance of no dues certificate to the petitioner at this stage. However, the petitioner is given liberty to file a detailed representation, raising all the issues, which have been raised in the present proceeding, before the respondent nos. 3 and 5, particularly regarding payment of arrears of salary, outstanding dues against the petitioner, and calculation made by respondent no. 5. If such a representation is filed by the petitioner within one month from today, then the respondent nos. 3 and 5 shall be obliged to consider and decide his claims in accordance with law, and if there is any admissible amount payable to him, that amount may be adjusted towards the outstanding dues against the petitioner. If after adjustment of that amount, still some more amount remains outstanding against the petitioner, then he may be shown/communicated about the balance amount, so that the petitioner makes payment of all the outstanding loan amount to the respondent no. 5, and thereafter, no dues certificate must be issued to him. The entire exercise must be completed within a maximum Patna High Court CWJC No.21247 of 2012 (4) dt.10-01-2013 period of six months from the date of filing of the representation by the petitioner before the respondent nos. 3 and 5. It is clarified that unless and until entire admissible dues are paid by the petitioner, there is no question of issuance of no dues certificate. With the aforesaid observations and directions, this application stands disposed of. RPS/- (Birendra Prasad Verma, J)