Sanat Kumar Banerjee & Ors. v. State of Jharkhand & Ors.

HON’BLE MR. JUSTICE APARESH KUMAR SINGH For the Petitioner For the Respondents : Mr. Saurav Arun : J.C. to G.P. I ----------- 09 /29.10.2012 Heard learned counsel for the parties. It appears that the writ petition is pending since the year 2003 and despite several opportunities granted to the respondents no counter affidavit has been filed till date. The writ petition is being disposed of by the order passed hereunder. These petitioners have come before this court for direction upon the respondent to pay arrears of salary of the petitioners for the period shown in para 15 of the writ petition ranging from the year 1985 to 2000 in respect of one or the other petitioners , which have been outstanding inspite of the fact that these petitioners have been reinstated into service on different dates vide Annexure 2,3, and 4 dated 26.12.1995, 17.1.1997 and 4.4. 2000 respectively, after they were dismissed from service in the year 1985. Petitioners have also relied upon the orders passed in case of similarly situated employees vide Annexure-5 in C.W.J.C No. 5721 of 1991 dated

3.3.2000 and Annexure-7 in C.W.J.C No. 5720 of 1991 dated 14.3.2000. It is also the contention of the petitioner that similarly situated persons as stated above have been granted benefits of arrear of salary for the intervening period for which they have remained out of service vide Annexure-6 and 8 dated 22.6.2000 and 14.3.2002 respectively. It is the contention of the petitioners that despite representation made vide Annexure-9 dated 21.8.2002 before the Director, Primary Education, Government of Jharkhand – Respondent No. 3, the grievances of the petitioners have not been redressed leaving them with no other option but to move this court. -2- This court instead of deciding the case or entering into the merit of the controversy, therefore, deems it proper to allow the petitioners to approach the respondent no. 3, Director, Primary Education, Government of Jharkhand, by making a fresh individual representation within a period of 6 weeks together with all necessary supporting facts and documents in support of their case for claiming the benefits of arrears of salary. The respondent no. 3, Director, Primary Education shall in turn examine the cases of each individual petitioners after proper inquiry from the concerned District Superintendent of Education, Pakur and pass a reasoned and speaking order within a period of 16 weeks from the date of receipt of such representation along with copy of the order, which shall also be communicated to the individual petitioners. In case the grievances of the petitioners are found to be genuine and are legally entitled for payment of arrears of salary as claimed, the same shall be paid to them within a period of 12 weeks, thereafter. With the aforesaid observation and direction, this writ petition is disposed of. A. Mohanty (Aparesh Kumar Singh, J.)