JUGAL KISHORE SARAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The present petition is filed by the petitioner under Article 226 of the Constitution of India with a prayer for issuance of an appropriate writ/order/direction in the nature of mandamus commanding upon the respondents to release the arrears of additional pay for working as District Malaria Officer on officiating basis from 31st May, 1981 till the date of his retirement in 1992 and also consequentially revise and release retiral benefits thereof with interest @ 18 per cent per annum from the date due till actual payment is made.

(3.) The learned counsel for the petitioner has made it clear that so far the prayer as it relates to the arrears of additional pay is concerned, is not pressed, as the same is already paid as per the decision of the State Government in Clause 2 (ix) of Memo No. 14794 F., dated 30th December, 1968. The learned counsel for the petitioner has invited the attention of this Court that after rejection of writ petition by the learned single Judge, the L.P.A. was preferred vide L.P.A. No. 57 of 1998 and vide order dated 17.6.2002. the said L.P.A. was allowed and the impugned judgment, passed in C.W.J.C. No. 324 of 1996 (R) was set aside and consequentially, the order rejecting the claim of the petitioner for additional pay was also quashed. The respondents were directed to make payment of allowances to the petitioner, admissible under Rule 103 of the Code from the date of officiating the post of District Malaria Officer till the date of retirement.