Disposed

Mahendra Prasad Singh v. State of Jharkhand And Ors.

Jharkhand HC16 Feb 2018WPC/5097/2011

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What is this about?

In this writ petition concerning salary arrears, the petitioner initially sought payment but conceded that grievances were redressed via a departmental order and subsequent payment, leading the court to dispose of the matter with liberty to agitate remaining dues if any.

What did the court decide?

Petition disposed of with liberty to agitate remaining admissible dues of arrears of salary, if any.

Mahendra Prasad Singh Vs State of Jharkhand And Ors. — Service and Employment | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 5097 of 2011

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Mahendra Prasad Singh, son of Late Lala Singh, resident of village-Itasang, P.O.Itasang, P.S-Rhuie, District Nalanda (Bihar) …… Petitioner

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Versus

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1.The State of Jharkhand.

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Director of Industries, Jharkhand, Nepal House, Doranda, P.O. and P.SDoranda, District Ranchi.

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3.General Manager, District Industries Centre, Gumla, P.O, P.S. and District Gumla. …… Respondents

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---------

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CORAM: HON’BLE MR. JUSTICE PRAMATH PATNAIK

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---------- For the Petitioner : Mr. M.M. Pan, Adv. For the Respondents : Mr. Rahul Kamlesh, J.C to S.C-II -----------

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4/Dated: 16^th February, 2018 Per Pramath Patnaik, J:

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In the instant writ application, prayer has been made for direction to the respondent nos.2 and 3 to allow the petitioner to work on the post of Class-III, and for payment of difference of arrears of salary payable to the post of Class-III from the date of reversion i.e. with effect from 09.07.2005. 2. Counter affidavit has been filed by the respondents and a supplementary counter affidavit has also been filed. In the supplementary counter affidavit, it has been submitted that the Department of Industries, Government of Jharkhand has considered the case of the petitioner in terms of the order passed by the Hon’ble Patna High Court and subsequently affirmed by the Hon’ble Apex Court. The Department after considering all aspects has passed an office order issued vide memo dated 23.08.2012 considering the petitioner and all such similarly situated employees, vide Annexure-A to the supplementary counter affidavit.

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Learned counsel for the petitioner has vehemently submitted that in view of the Annexure-A to the supplementary counter affidavit, grievance of the petitioner has been redressed. However, learned counsel for the petitioner seeks liberty to agitate the matter, if any other admissible dues of arrears of salary have not been paid to the petitioner.

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Learned counsel for the State submits that in pursuance to AnnexureA to the supplementary counter affidavit, the department has calculated the arrears of salary and the same has been paid to the petitioner.

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In view of the above, the writ petition is disposed of with the aforesaid liberty.

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(Pramath Patnaik, J.)

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Saket/-

Mahendra Prasad Singh v. State of Jharkhand And Ors.

Case brief

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Mahendra Prasad Singh v. State of Jharkhand And Ors.

Case brief

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