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Judgment
Aparesh Kumar Singh, J. - Heard learned counsel for the parties.
Details of 21 petitioners indicated in the form of chart furnished by them at para-4 of the writ petition contain the name of the employees, school in which employees/teachers worked, their date of appointment and respective dates of their retirement. They are shown herein below:-
Sl. No.
Name of the Employee
Name of the School
Date of Appointment
Date of Retirement
1
Mrityunjay Nayak
Middle School, Baragariya
19.08.1963
28.02.2002
2
Motilal Manna
Aamdanga Primary School, Galudih
04.03.1992
31.05.2010
3
Jhareshwar Kuila
Oriya Primary School, Kuldiha
23.02.1955
30.09.1996
4
Goshtha Bihari Shaw
Shaljhariya Upgraded Primary School, Bahragora
06.04.1957
31.10.1995
5
Bhudeo Chandra Ghosh
Middle School, Barshol
09.01.1961
30.11.1993
6
Bhushan Chandra Ghosh
Middle School, Barshol
16.09.1947
30.11.1986
7
Ramendra Nath Saw
Middle School, Darkhuli
09.04.1960
30.06.1989
8
Bhutnath Dandwat
Joram Loha Maliya Middle School
30.03.1964
30.09.1999
9
Kalicharan Majhi
Muturkhan Middle School, Chakulia
15.07.1966
31.10.2001
10
Majhiya Majhi
Hiraganj Middle School, Ghatshila
03.08.1964
28.02.2001
11
Kalicharan Mahto
Matiyabandhi Middle School, Chakulia
15.04.1964
31.05.2004
12
Ambuj Kumar Mahto
Baliyaguir Middle School, Chakuliya
16.08.1967
31.03.2008
13
Asit Ranjan Bassi
Kalapathar Middle School, Chakuliya
27.02.1969
31.10.2008
14
Binapani Rai
Manoharlal Middle School, Chakuliya
27.05.1971
30.06.2009
15
Jagatpati Ghosh
Gohaldih Primary School, Bahragora
24.11.1970
31.01.2006
16
Late Baidyanath Mahanty
Middle School, Muturkham, Chakuliya
24.08.1952
31.01.1989
17
Parmanand Mandal
Sardiha Middle School, Chakuliya
24.06.1963
31.01.2001
18
Sharat Chandra Kuila
Shatukacha Primary School, Msabani
11.01.1963
31.8.2000
19
Chitreshwar Ghosh
Middle School, Kerukocha, Chakuliya
21.04.1962
31.05.1999
20
Ratan Chand Majhi
Middle School, Bhuitya
01.04.1964
30.09.2001
21
Maheshwar Mahto
Kuldiha Primary School, Bahragora
01.04.1963
31.03.2002
22
Mandakini Pal
Middle School, Bamdol
01.01.1970
31.03.1982
Petitioners are either employee themselves or their legal heirs in respective cases, who claim interest on the arrears of salary for the period 01.01.1971 to 31.03.1973, details of which are also furnished in the form of chart at para-9 of the writ petition, which are shown herein below:-
Sl. No.
Name of the Employee
Arrears of Salary to be deposited in the PF Account
1
Mrityunjay Nayak
451
2
Motilal Manna
656.58
3
Jhareshwar Kuila
1262.67
4
Goshtha Bihari Shaw
1262.67
5
Bhudeo Chandra Ghosh
1262.67
6
Bhushan Chandra Ghosh
1262.67
7
Ramendra Nath Saw
1262.67
8
Bhutnath Dandwat
1152
9
Kalicharan Majhi
1096
10
Majhiya Majhi
1151
11
Kalicharan Mahto
1416
12
Ambuj Kumar Mahto
1416
13
Asit Ranjan Bassi
1323.22
14
Binapani Rai
656
15
Jagatpati Ghosh
1416
16
Late Baidyanath Mahanty
1422
17
Parmanand Mandal
1152
18
Sharat Chandra Kuila
1281
19
Chitreshwar Ghosh
1281
20
Ratan Chand Majhi
1152
21
Maheshwar Mahto
1151
22
Mandakini Pal
1281
The arrears of salary for the period 01.01.1971 to 31.03.1973 were deposited in provident fund account of individual employees by virtue of decision of the State Government bearing resolution No. 763 dated 09.02.1973 where under certain schools were nationalised w.e.f. 01.01.1971. It was provided thereunder that such teachers were entitled to get prescribed scale of pay for Government Teachers w.e.f. 01.04.1973 and arrears of salary for the period 01.01.1971 to 31.03.1973 shall be deposited in their provident fund account.
Learned counsel for the petitioners has referred to the resolution itself at Annexure-1. Decision rendered in similar cases by this Court such as in the case of Hare Ram Pandey v. State of Jharkhand and Ors. in LPA No. 651 of 2002 dated 30.04.2003 and other cases decided by learned Single Bench of this Court are enclosed as Annexure-3 series. Reliance has also been placed upon the communication of the Deputy Director, Primary Education contained in letter No. 2039 dated 20.08.2010, Annexure-4 to all District Superintendent of Education in the matter relating to payment of arrears of difference of salary from 01.01.1971 to 31.03.1973. According to the petitioners, their schools were taken over under the said resolution by the State Government. Though arrears of difference of salary have been paid, but interest thereupon as per GPF Rules have not yet been paid. Therefore, petitioners have come before this Court.
Learned counsel for the State submits that instructions are awaited, but petitioners may be directed to approach the respondent nos. 4 and 5 i.e. District Superintendent of Education, Jamshedpur and District General Provident Fund Officer, Jamshedpur for redressal of their grievances in accordance with law after due scrutiny of all relevant records relating to individual employees.
Having taken into account the relevant facts pleaded and the submissions advanced, the writ petition is disposed of with liberty to individual petitioners to approach the respondent No. 4, District Superintendent of Education, Jamshedpur by way of representation for redressal of their grievances relating to payment of interest on arrears of salary from 01.01.1971 till 31.03.1973 duly supported with all necessary facts and documents. On receipt of the same, respondent No. 4, District Superintendent of Education, Jamshedpur after examining the case of individual petitioners from the relevant records, if comes to a conclusion regarding admissibility of the claim of the individual petitioners, necessary statements and other relevant records be forwarded to the office of respondent No. 5, District General Provident Fund Officer, Jamshedpur for processing and release of admissible interest over the arrears of difference of salary for the period in question within a period of 10 weeks from the date of receipt of a copy of this order along with such representation.
The writ petition stands disposed of accordingly.