The Court directed the Principal of Mahatma Gandhi Mohaviidyalaya, Baisingha, to disburse two months of arrear salary to a Junior Clerk who had been on sanctioned medical leave.
Direction to the Principal to disburse two months of arrear salary within two months of the order.
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W.P.(C) No.6863 of 2017
3.5.2017
Heard learned counsel for the petitioner and learned Additional Government Advocate.
2. Learned counsel for the petitioner submits that the petitioner is working as Junior Cl
erk in the Mahatma Gandhi Mohaviidyalaya, Baisingha in the district of Mayurbhanj. The Sub-Col
lector, Baripada is t he President of the Governing Body of that College. He further submits t
hat the petitioner having suffered from illness remained absent with effect from 2.2.2015 to 1
.3.2015 made application for leave. Such leave has been sanctioned by the President of the Gov
erning Body vide Annexure-6. After the leave is sanctioned the arrear salary for these period
was duly sent to the College account vide Annnxure-8 for disbursement, but the grievance of th
e petitioner is that the opp. Party no.3-Principal of the said College has not disbursed the s
aid amount to the petitioner. He further submits that direction may be given to the Principal
or Principal-in-Charge of the College to disburse the amount to the petitioner.
3. In view of the above submissions and in terms of the above documents, this Court is of
the view that the arrear salary for the above two months should be disbursed to the petitione
r and hence the writ application is disposed of with a direction to the Principal or Principal
-in-Charge of the College (opp. Party no.3) to make disbursement of the arrear salary of said
two months of the petitioner within a period of two moths from the date of production of a cer
tified copy of this order by the petitioner, if there is no legal impediment and report compli
ance to this Court.
The writ petition is accordingly disposed of.
List this matter after two months.
Issue urgent certified copy as per rules.
Dr.D.P.Choudhury, J.
2
2 issues framed by the court
Whether the petitioner is entitled to the disbursement of arrear salary.
Whether a direction can be issued to the Principal of the college to disburse the amount.
Petitioner
Principal or Principal-in-Charge of the College, Baisingha
Sub-Collector, Baripada
Dr.D.P.Choudhury
As recorded by the court registry
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