Disposed

Anugrahit Minj v. Human Resource Development

Jharkhand HC3 Feb 2015WPC/359/2014

Case brief

AI extract

What is this about?

Petitioner sought salary fixation from 26.10.1982, contrary to existing service approval. Court disposed of petition by granting liberty to file representation, directing respondent to decide within three weeks if no dispute arises on facts matching a prior judgment.

What did the court decide?

Liberty granted to petitioner to file representation; direct respondent to decide fixation within four weeks if claim aligns with prior judgment.

Anugrahit Minj Vs Human Resource Development — Pension and Retirement Benefits | Jharkhand HC (2015)

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THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) 359 of 2014

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Anugrahit Minj, S/o Amrit Minj R/o

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Village Bansri PO and PS Senha District Lohardaga

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........... Petitioner

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State of Jharkhand

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Commissioner-cum- Secretary

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Human Resources Development Dept. Ranchi 3. Director, Secondary Education

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Human Resources Development Dept. Ranchi 4. Regional Dy. Director of Education,Ranchi 5. District Education Officer, Lohardaga .......... Respondents

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----------- CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the petitioner :Mr. S.K.Pandey, Advocate For the Respondents :J.C. to G.P.V

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02/Dated: 3rd February, 2015

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Petitioner has approached this Court for direction upon the respondents to fix his salary with effect from his initial date of appointment i.e. from 26.10.1982 instead of 1.4.1986.

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It has been submitted on behalf of petitioner that earlier he had been appointed on 26.10.1982 in Project High School, Mungo by the order of Secretary of the Managing committee. It has further been submitted that services of the petitioner has duly been approved from 14.1.1986 instead of his initial date of appointment i.e. 26.10.1982.

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It has further been submitted that he is entitled to get his salary from 26.10.1982 i.e. initial date of appointment but, the same has not been extended. It has further been submitted that the similar issue has already been decided in C.W.J.C. no. 4007/2000(Annexure-5), the same has been affirmed by the order passed in L.P.A. no. 458 of 2005. But, in spite of several representations made before the concerned authority no response has been given.

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No counter-affidavit has been filed on behalf of respondents however, it has been submitted that if the case of the petitioner is identical to the writ petitioners of C.W.J.C. no. 4007/2000 the appropriate order shall be passed in accordance

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with law.

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In that view of the matter with the consent of the parties instant writ petition is disposed of. Liberty is reserved with the petitioner to file due representation before respondent no.3 i.e. Director, Secondary Education Human Resources Development Department along with supporting documents and judgments passed by this Court within three weeks from the date of receipt of copy of this order and respondent no.3 shall take a decision in accordance with law within a period of four weeks thereafter.

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Needless to say if claim of the petitioner is found identical to the writ petitioners of C.W.J.C no. 4007 of 2000 the same relief shall be extended within period aforesaid and if respondent will dispute the claim of the petitioner the reason must be communicated to him by passing a reasoned order within stipulated period.

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(Sujit Narayan Prasad, J.)

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Nibha

Anugrahit Minj v. Human Resource Development

Case brief

What is this about?

What did the court decide?

Anugrahit Minj v. Human Resource Development

Case brief

What is this about?

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