Rajendra Prasad Paswan … v. 1. The State of Jharkhand, through the Director, Primary Education, School Education and Literacy
Case Details
1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3569 of 2021 Rajendra Prasad Paswan ….. Petitioner Versus 1. The State of Jharkhand, through the Director, Primary Education, School Education and Literacy Department, Ranchi 2. The Deputy Commissioner-cum-Chairman, District Education Establishment Committee, Pakur 3. The District Superintendent of Education, Pakur 4. The Area Education Officer, Amrapara Circle, Pakur 5. The Accountant General (A&E), Ranchi ….. Respondents ----- CORAM
Legal Reasoning
HON’BLE MR. JUSTICE RAJESH SHANKAR ----- Mr. Rahul Kumar For the Petitioner: For Respondent Nos.1-4: Mr. Amit Kumar, A.C to S.C (Mines)-II For Respondent No.5: Dr. Ashok Kr. Singh ----- 08/25.04.2023 The present writ petition has been filed for payment of (a) arrears of salary from the date of suspension to the date of dismissal of the petitioner i.e. from 20.03.2006 to 30.03.2007 (b) arrears of salary from the date of dismissal to the date of superannuation of the petitioner i.e. from 30.03.2007 to 30.05.2009 (c) arrears of pension from 01.06.2009 till date (d) the entire Gratuity amount (e) the leave encashment amount (f) for commutation of pension. Learned counsel for the petitioner submits that neither arrears of salary nor admissible retiral benefits have been paid to the petitioner despite the order dated 20th June, 2018 passed by the appellate authority i.e. the Commissioner, Santhal Pargana Division, Dumka setting aside the order of dismissal passed against the petitioner as contained in memo No. 359 dated 30th March, 2007 passed by the respondent No.3. Mr. Amit Kumar, learned A.C to S.C (Mines)-II appearing on behalf of the respondent Nos. 1 to 4, refers to the order as contained in memo No. 199 dated 14th February, 2022 issued by the respondent No.3 (Annexure-H to the counter affidavit filed on behalf of the said respondent) and submits that as per the said order, filing of review application to review the order dated 20th June, 2018 passed by the appellate authority was under contemplation and that any 2 decision with regard to the petitioner’s claims was to be taken as per any interim order as would be passed by the appellate authority. The writ petition was earlier taken up on 10.04.2023 and on the said date, following order was passed:- “Learned counsel for the petitioner submits that neither arrears of salary nor admissible retiral benefits has been paid to the petitioner despite the order dated 20th June, 2018 passed by the appellate authority i.e. Commissioner, Santhal Pargana Division, Dumka, setting aside the order of dismissal passed against the petitioner as contained in memo no.359 dated 30th March, 2007 passed by the District Superintendent of Education, Pakur-respondent no.3. Mr. Shivam Mishra, learned A.C. to S.C. (Mines)-II, appearing on behalf of the respondent nos.1 to 4 refers to the order as contained in memo no.199 dated 14th February, 2022 issued by the respondent no.3 (Annexure-H to the counter affidavit filed on behalf of the respondent no.3) and submits that as per the said order filing of review application to review the order dated 20th June, 2018 passed by the appellate authority was under contemplation and that any decision with regard to the petitioner’s claim was to be taken as per any interim order as would be passed by the appellate authority. This Court is of the view that the order as contained in memo no.199 dated 14th February, 2022 passed by the respondent no.3 is an attempt to unnecessarily harass the petitioner, as nothing has been stated in the counter affidavit filed on behalf of the said respondent as to whether any such provision of review is there under relevant law against the order passed by the appellate authority. Under the said circumstance, the respondent no.3 is directed to remain physically present before this Court on the next date fixed. Put up this case under the same heading on 25th April, 2023.” Pursuant to the order dated 10.04.2023, Mr. Mukul Raj, District Superintendent of Education, Pakur (the respondent No.3) is physically present before this Court. 3 Learned A.C to S.C (Mines)-II, on instruction, submits that no review application has been filed for reviewing the order dated 20.06.2018 passed by the appellate authority. It is further submitted that in the minutes of the meeting dated 21.04.2023 of the District Education Establishment Committee, Pakur headed by the respondent No.2, vide Agenda No.04, a decision has been taken to direct the respondent No.3 to make payment of the retiral benefits including pension to the petitioner. The minutes of the said meeting also suggests that the admissible amount of Group Insurance and GPF has already been paid to the petitioner. At this juncture, learned counsel for the petitioner refers to paragraphs 13 & 14 of the writ petition and submits that during the period of suspension, the petitioner joined the office of the respondent No.4 on 06.09.2006, however, no subsistence allowance was paid to him in terms with Rule 96 of the Bihar (now Jharkhand) Service Code. Moreover, since the order of dismissal passed by the disciplinary authority has subsequently been set aside by the appellate authority, the petitioner is entitled for entire salary during the period of suspension/dismissal. So far as the submission of learned counsel for the petitioner that pursuant to the order passed by the appellate authority, the petitioner is entitled to get entire salary during the period of suspension/dismissal, this Court is not inclined to entertain the said aspect at present. The petitioner is however at liberty to agitate the said grievance separately before the respondent No.3, on which a fresh decision will be taken by him within six weeks. As regards the petitioner’s claim for payment of subsistence allowance during the period of suspension, he is entitled for the same in terms with Rule 96 of the Bihar (now Jharkhand) Service Code. Keeping in view the decision taken by the District Education Establishment Committee in the minutes of its meeting dated 21.04.2023, the respondent No.3 is directed to make payment of the rest of the admissible reitral dues including pension to the petitioner within six weeks. 4 The present writ petition is accordingly disposed of with the aforesaid liberty and direction. Let a copy of the minutes of the meeting dated 21.04.2023 of the District Education Establishment Committee, Pakur be kept on record. Satish/- (RAJESH SHANKAR, J)