Disposed

Radhey Shyam Pandey v. State of Jharkhand And Ors.

Jharkhand HC4 Feb 2015WPC/6045/2006

Case brief

AI extract

What is this about?

The court disposed of a writ petition by directing the designated State government respondent to decide within eight weeks on releasing arrears of salary for the petitioner's suspension period under Rule 97(ii) of the Jharkhand Service Code, pending the final decision on eligibility.

What did the court decide?

Directed respondent no. 2 to decide within eight weeks on release of arrears of salary under Rule 97(ii) of Jharkhand Service Code; if entitled, pay within four weeks of decision.

Radhey Shyam Pandey Vs State of Jharkhand… — Pension and Retirement Benefits | Jharkhand HC (2015)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 6045 of 2006

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Radhey Shyam Pandey, Son of Sri Kailashpati Pandey, resident of Mohalla Bilasi H. no. 112, at and P.O. Deoghar, P.S. Deoghar, Dist. Deoghar, Jharkhand ……

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Petitioner

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Versus

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The State of Jharkhand

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The Commissioner-cum-Secretary, Water Resources Department, Jharkhand, Ranchi

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The Joint Secretary (Management), Water Resources Department, Jharkhand, Ranchi

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The Accountant General (A & E) , Bihar & Jharkhand, Patna (Bihar)

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……Respondents

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CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD

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For the Petitioner : Mr. Lalan Kumar Singh, Adv. For the Respondents : J.C. to S.C.-III 08/Dated: 4^th February, 2015

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The petitioner has approached this Court for release of arrears of salary of the period of suspension till the date of reinstatement i.e. from 05.05.2000 to 06.07.2006.

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The submission made on behalf of the petitioner is that the petitioner while working as Assistant Engineer in the Water Resources Department was put under suspension vide order no. 127 dated 05.05.2000 in contemplation of the departmental proceeding. The departmental proceeding was contemplated and the order of dismissal was passed by the State of Bihar i.e. after bifurcation of the State in pursuance to Bihar Reorganization Act, 2000, meanwhile the petitioner was allocated in the State of Jharkhand vide letter no. 1422 dated 02.07.2002. Since the order of dismissal was passed on 29.03.2003 i.e. after bifurcation of the cadre of the petitioner to the State of Jharkhand, hence the order of dismissal passed against the petitioner has been quashed by this Court in order passed in W.P. (S). No. 2138 of 2003 vide order dated on 25.08.2005 however, with liberty upon the respondent state of Jharkhand to proceed against the petitioner in accordance with law.

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Thereafter, the departmental proceeding started afresh but in the meanwhile the petitioner was reinstated in service with effect from 06.07.2006, his joining was also accepted by respondent-State of Jharkhand for the Water resources Department. The petitioner has retired from service with effect from 30.11.2012. The final order has been passed by the disciplinary authority on 07.03.2014 exonerating the petitioner from all charges.

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Now the grievance of the petitioner is that the case of the petitioner be considered for release of salary of the suspension period i.e. from 05.05.2000

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-2-

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till the date of reinstatement i.e. on 06.07.2006 in the light of provision as contained in clause 97(ii) of the Jharkhand Service Code.

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The learned counsel for the respondents has filed counter affidavit and has fairly submitted that no decision has been taken in this regard by the authorities concerned.

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The submission has been made by the counsel for the respondents at para-6 of the counter affidavit wherein it has been stated that the period spent by the petitioner under suspension and dismissal is concerned, the authority will consider and make specific order for the payment of the impugned period in the light of the provision as contained in 97(ii) of the Jharkhand Service Code.

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In the light of the submission on behalf of parties the writ petition is disposed of directing respondent no. 2, the Commissioner-cum-Secretary, Water Resources, Govt. of Jharkhand to take decision in the light of statement made in para-6 as referred herein above within a reasonable period preferably within eight weeks from the date of receipt of copy of this order. The concerned respondent shall take decision in the light of the provision as contained in Rule 97(ii) of the Jharkhand Service Code and also in the light of the entire aspects which the petitioner will bring before him. If the concerned authorities come to the conclusion that the petitioner is entitled to get the arrears of salary to the intervening period in question, the required monetary benefits shall be released in his favour within four weeks from the date of such decision.

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( Sujit Narayan Prasad, J.)

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Tarun

Radhey Shyam Pandey v. State of Jharkhand And Ors.

Case brief

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Radhey Shyam Pandey v. State of Jharkhand And Ors.

Case brief

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