LAWS(JHAR)-2010-4-118

RAMESWAR PANDAY Vs. STATE OF JHARKHAND

Decided On April 30, 2010
RAMESWAR PANDAY Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Learned counsel for the petitioner submitted that the arrears of salary for the period running from 1st January, 1971 to 31st March, 1973, which was deposited in the general provident fund of the petitioner, and interest thereupon, have not been paid to the petitioner.

(2.) Learned counsel for the respondents submitted that the respondents are accepting the claim of the present petitioner, in view of the decision rendered by this Court in Letters Patent Appeal No. 651 of 2002, decided on 30th April, 2003, which is affirmed by the Hon'ble Apex Court in Special Leave to Appeal (Civil) No. 5803 of 2004 and now, a Circular has already been issued by the Chief Secretary, of the State of Jharkhand for making payment of the arrears of salary for the aforesaid period to all the concerned employees and in this particular matter also, the District Superintendent of Education, Ranchi has already passed an order dated 28th April, 2010, for the payment of the arrears of salary for the aforesaid period alongwith interest to the tune of Rs. 18368.00, to the petitioner.

(3.) In view of these submissions and looking to the letter of the District Superintendent Eduction, Ranchi dated 28th April, 2010 to the effect that the petitioner is ordered to be paid the arrears of salary for the aforesaid period with interest, I therefore, direct the concerned respondents authority to make the payment of the aforesaid amount with interest to the petitioner, within a period of fifteen days, from the date of receipt of a copy of an order of this Court. If the amount is not paid, within the aforesaid period, simple interest, thereupon, at the rate of 10% per annum will be paid, by the respondents, to the petitioner, which will initially be paid by the State of Jharkhand and later on, it will be deducted from the salary or from the retirement benefits of the erring officer, of the respondents, after holding proper inquiry. The photocopy of the said letter dated 28th April, 2010 is taken on record.