Md. Waliullah & Ors And Ors vs State Of Jharkhand & Others

Heard Mr. Saurabh Shekhar, the learned counsel appearing on behalf of the petitioners in both the writ petitions and Mr. Jagdish, the learned AC to SC-I [WPS No.2859 of 2019] and Mr. Shubham Mishra, the learned AC to SC(Mines)- II [WPS No.2861 of 2019] appearing on behalf of the respondent State.

This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

By order dated 05.06.2020, the respondent State was directed to take instruction with regard to Annexure-7 to the supplementary affidavit which has been obtained through Right To Information Act by the petitioners and the said document suggests that the petitioners have been complying all the norms and they are entitled for the salary and in that view of the matter the Court directed the State to file the affidavit and liberty was given to them to release the salary. Further on 02.07.2020, the matter was again adjourned at the instance of the respondent State.

Today, when the matter was taken up, Mr. Saurabh Shekhar, the learned counsel for the petitioners vehemently argues that the petitioners are suffering since 2017 and they are without salary and in such a situation, it is difficult for them to survive in the current situation of Covid-19. He submits that even the current salary has not been paid, although the petitioners are working. These facts are admitted in the counter affidavit that the petitioners are working.

Mr. Shubham Mishra, the learned State counsel submits that pursuant to the directions of the Special Secretary cum Director of the Education Department, vice order dated 01.01.2020 a 3-Men Committee has been constituted and the said Committee has already submitted the report and the matter has been forwarded to the Cabinet for final decision.

The Court intent to pass a positive order with regard to payment of the current salary to the petitioners, but at the instance of Mr. Shubham Mishra, the learned State counsel, the said order has not been passed today, as he submitted that by way of last indulgence, this matter may be taken up after a week to enable him to take instruction so far payment of current salary to the petitioners are concerned. It is admitted that the appointment of the petitioners has been approved by the Government of Jharkhand.

In that view of the matter, at the request of Mr. Shubham Mishra, the learned State counsel, let the matter be adjourned for a week.

Post the matter on 09.09.2020.