Guru Charan Mahato vs State Of Jharkhand

Ananda Sen, J

Heard learned counsel representing the petitioner and learned counsel representing the respondents.

In this writ petition, the petitioner has prayed for direction upon the respondents for payment of salary for the period October, 2019 to May, 2020 and from December, 2021 till filing of this writ petition, with payment of arrears thereof in accordance with 7th Pay Revision since October, 2019.

Learned counsel representing the petitioner submits that after filing of the writ petition, the petitioner is being paid his salary on regular basis but his salary since October, 2019 to May, 2020 and from December, 2021 till filing of this writ petition is due. She prays that the arrears which the petitioner is entitled to, on account of revision of recommendation of the 7th Pay Commission, is yet to be paid.

Learned counsel representing the respondent - State submits that reason for non-payment of salary during the period for which the petitioner is claiming is that the petitioner has not worked and was unauthorizedly absent for which a decision has to be taken. He submits that the proceeding is continuing and is likely to end and then only it can be decided about the fate of the petitioner during the aforesaid period.

Considering the aforesaid submission, I direct the petitioner to file a representation before respondent No.2-Deputy Commissioner, Seraikella Kharsawan, within three weeks.

5.1. The respondent No.2 will consider the case of the petitioner. While considering the case of the petitioner, the Deputy Commissioner, Seraikella Kharsawan, will also consider as to whether the absence of the petitioner was wilful or it was beyond the control of the petitioner. He will arrive at a decision within eight weeks and will pass a reasoned order.

5.2. If it is found that the petitioner is entitled for the monetary benefit and salary during the aforesaid period, the same will be paid to the petitioner, within two weeks thereafter.

5.3. If any part of the claim / representation is rejected by the respondent, the reasons thereof should be communicated to the petitioner.

With the aforesaid direction, this writ petition stands disposed of.

Let a copy of this order be communicated to the Deputy Commissioner, Seraikella Kharsawan.