STATE OF JHARKHAND Vs. SITA RAM

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellant -State is aggrieved against the order dated 12.11.2008 passed in W.P.(S) No. 834 of 2005. The petitioner was appointed on 25.6.1979 as a Peon under the Adult Education Department, Government of Bihar. Thereafter, on 25.7.1985, considering his qualification, he was appointed to vacant Class -III post of Typist -cum -Clerk. Then the said Adult Education Department was converted into Mass Education Department under the Directorate of Primary Education. The petitioner's services were taken on deputation on the post of Typist -cum -Clerk under the Secondary Education under the Directorate of Secondary Education. The Department of Mass Education was closed with effect from 15.5.2001 and salary of the petitioner was stopped. The petitioner thereafter filed Writ Petition No. 1182 of 2002 before this Court, which was disposed of directing the respondent to consider the representation of the petitioner, both for payment of salary and adjustment in the Directorate of Primary and Secondary Education i.e., the Department, in which, he was already working on a vacant post. The petitioner's grievance was that he was not paid salary from February, 2002 till January, 2008.

(3.) IN view of the above reasons, the learned Single Judge allowed the writ petition and observed that the petitioner was in service is an admitted fact and the plea that his parent department was abolished cannot be a ground to deny his arrears of salary.