Dr. Rajesh Kumar Jaiswal And Anr. v. State of Jharkhand And Ors.

Jharkhand HC1 Aug 2019WPC/6767/2007

Case brief

AI extract

What is this about?

Petitioners filed a writ petition claiming unpaid salary for their contract period as Para Medical/Medical Officers. The respondent-State argued that the petitioners absent themselves from December 2004 to April 2005. The court dismissed the petition, noting that no relief could be extended for remuneration regarding the period they were absent from duty.

What did the court decide?

Writ petition stood dismissed as petitioners were found absent from duty during the period for which remuneration was claimed.

Dr. Rajesh Kumar Jaiswal And Anr. Vs State… — Pension and Retirement Benefits | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No. 6767 of 2007

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Dr. Rajesh Kumar Jaiswal son of Late Lakshmi Narayan Jaiswal.

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Dr. Veena Vinayak Jaiswal wife of Dr. Rajesh Kumar Jaiswal, both of resident of North Samaj Street Tharpakhana P.S. Lower Bazar, P.O. Ranchi, District- Ranchi ..... Petitioner

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Versus

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The State of Jharkhand through Health Secretary Ranchi, Jharkhand

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The Civil Surgeon-cum-Chief Medical Officer, Chatra.

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The Incharge Medical Officer Primary Health Centre Pratappur, District Chatra

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The Deputy Commissioner, Chatra. ...... Respondents

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CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Vijay Kumar Sharma, Adv. For the Respondents : Mrs.C. Prabha, S.C.- 1 : Mr. Vishal Kumar Rai, A.C. to S.C.-1

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Order No. 03: Dated 1^st August, 2019

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Heard Mr. Vijay Kumar Sharma, learned counsel appearing for the petitioners and Mr. Vishal Kumar Rai, learned counsel appearing on behalf of the respondent-State.

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The petitioners have preferred this writ petition for a direction to release and pay the admitted dues/salary to the petitioners for the contract period.

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Learned counsel appearing on behalf of the petitioners submits that the petitioners were appointed on contract basis on the post of Para Medical/Medical Officer, pursuant to an advertisement. He further submits that an agreement to that effect was entered into between the petitioners and the concerned authority wherein, it was decided that the petitioners will work for the period from 15.11.2003 to 14.11.2005 and they will get a consolidated salary of Rs.12,000/- per month with rural allowance of Rs.2,000/-. Further, learned counsel appearing for the petitioner submits that the petitioners have worked from 15.11.2003 to 27.04.2005 but they have not been paid the salary for the period they have worked.

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On the other hand, learned counsel appearing for the respondentState submits that for the period from 15.11.2003 to 31.03.2004, each of the petitioners have got a sum of Rs.16,333/- has been released in favour of each of the petitioners. The petitioners have further received a sum of

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Rs.26,133/- each for the period April 2004 to November, 2004 for 56 days of their work. He further submits that all of a sudden the petitioners absented themselves from duties from December 2004 to April 2005 and, therefore, the claim for payment with regard to the period for which they were absent from duty is fit to be rejected.

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Looking into the clear stand taken by the respondent-State that these petitioners have not worked for that period, for which they are demanding the remuneration, no relief can be extended to them.

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Accordingly, the writ petition stands dismissed.

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(Sanjay Kumar Dwivedi, J.)

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Raja /

Dr. Rajesh Kumar Jaiswal And Anr. v. State of Jharkhand And Ors.

Case brief

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Dr. Rajesh Kumar Jaiswal And Anr. v. State of Jharkhand And Ors.

Case brief

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