NAZMUZ ZAMAN KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER was appointed as Private Secretary by the then Councillor of Jharkhand Area Autonomous Council (JAAC), Md. Naushad, on being nominated in the rank of Deputy Minister. As per the Rules of Executive Business and notification, Md. Naushad, Councillor of JAAC, was authorised to appoint a private person as Personal Secretary, on the fixed pay of Rs.

(2.) ,000/ and other admissible allowances. Undisputedly, tenure of Personal Secretary appointed privately by the Minister or the person having status of Minister is till the Minster holds his office. Undisputedly, JAAC was dissolved, vide order dated 17.09.1998 and the order dated 17.09.1998 was quashed by the Division Bench of the Patna High Court (Ranchi Bench), vide judgment dated 02.02.1998 [Kumar Varun Vs. The State of Bihar & Ors., 1999 (2) PLJR 420]. Petitioner is claiming salary for the period from 17.09.1998 to January 1999, when JAAC remained dissolved. 2. Payment was refused by the respondents on the ground that neither petitioner nor Md. Naushad, Councillor, remained in the office. Therefore, petitioner is not entitled for any payment for the intervening period.

(3.) IN view of the above, present petition is disposed of with a direction that petitioner shall move a representation before the Respondent No. 2 within 30 days from today and Respondent No. 2 on receiving the representation shall take decision thereon within 30 days thereafter, in the light of the observations made hereinabove.