RAM KAILASH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties through V.C.

(2.) The instant writ application was initially preferred for a direction upon the respondent-authorities to pay the arrears of salary to the petitioner since June, 2001. During pendency of this application, the petitioner has been discharged from service pursuant to the office order as contained in Memo No. 683 dated 12.05.2014 (Annexure-12); as such, the aforesaid order has been impugned pursuant to the filing of amendment writ application which was allowed by this Court.

(3.) This case has a chequered history. The petitioner was a land looser and displaced person in Swranrekha Project and vide memo No. 19437 dated 26.05.1987, the Development Book has been issued by the Rehabilitation Officer, Swranrekha Project, Chandil and subsequently, the name of the petitioner has been incorporated, being a son of the land looser and he was appointed as typist vide order dated 22.04.1992. The said appointment was pursuant to a decision taken by the Coordinate Committee and the petitioner was posted as typist on a sanctioned and vacant post at Special Land Acquisition Office No.3, Chaliyama. The service of the petitioner has been extended from time to time. Thereafter, vide Memo No. 45 dated 30.04.1994, the Special Land Acquisition Officer requested the Additional Director, Rehabilitation and Land Acquisition to appoint the petitioner on regular post. The case of the petitioner is that since he was not getting his regular salary since June, 2001, he filed a representation before the Special Land Acquisition Officer for payment of arrears of salary. As a matter of fact, the Special Land Acquisition Officer, Swranrekha Project, Chandil vide Memo No. 113 dated 14.05.2004 wrote a letter to the Additional Director regarding payment of arrear of salary of the petitioner, but unfortunately, the same has not been paid. Even the under Secretary of the Department vide Memo No. 3092 dated 22.11.2008, has directed to Chief Engineer regarding taking proper action in the case of the petitioner. From record it also appears that in the year 2007, vide Memo No.3543 dated 31.12.2007, a chart was prepared by the Government and the persons who were continuously working for more than 10 years were directed to be transferred and pursuant to the said order dated 31.12.2007, the petitioner was transferred to the office of Special Land Acquisition officer, Irrigation project, Ranchi. It is also a fact that the petitioner was deputed as 1st Polling Officer during General Parliamentary Election, 2009 being Typist of Land Acquisition Officer, Chandil. Even the attendance register has been annexed as Annexure-8 to the writ application. However, since the petitioner was not being paid salary regularly; as such, he represented the Secretary, Department of Water Resources on 11.09.2009 for payment of arrear of salary since June, 2001, but no action has been taken by the respondent authorities. Faced with the situation, the petitioner filed the instant writ application in the year 2009, for payment of salary since 2001. However, during pendency of this case, by office order as contained in Memo No. 683 dated 12.05.2014, the Deputy Secretary, Department of Water Resources, Government of Jharkhand relieved the petitioner from services without issuing any show cause notice and without following the principal of natural justice. Thus, on the one hand, the petitioner was not being paid salary regularly and on the other hand, instead of paying salary to the petitioner, the order of termination was issued which has been made impugned by way of amendment in the instant writ application by the order of this Hon'ble Court.