JALAJ KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred by petitioner for issuance of an appropriate writ/writ(s), order/orders) in the nature of mandamus directing and commanding the respondents to pay the arrears of salary, which is due for the month of February, 2002 and from May, 2002 to up till date.

(2.) ACCORDING to petitioner, a Legal Aid Committee was constituted for the High Court under the Bihar State Weaker Section Legal Aid Act, 1983 (Act 1983 for short). The Government of Bihar from its Law (Legal Aid) Department created ministerial posts of Lower Division Clerk, Typist and the posts of Peon vide Memo No. 30 LA/ Patna, dated 26th February, 1983. He was appointed as one of the typists by Government of Bihar Memo No. 129/L, dated 2.4th May, 1983 in the then scale of Rs. 580 -860/ - for the Ranchi Bench of the Patna High Court Legal Aid Committee. He joined the post of typist on 16th May, 1983 which was reported by the Executive Member, Legal Aid Committee, Ranchi Bench of the Patna High Court vide letter dated 28th June, 1983 and since then he is working, even after constitution of Legal Services Committee for the Ranchi Bench of the Patna High Court and thereafter the Legal Services Committee of High Court of Jharkhand constituted under Legal Services Authorities Act, 1987 (Act 1987 for short). Further, according to petitioner, his scale of pay was revised from time to time as revised in favour of Government employees and last revision of pay was made w.e.f. 1 st January, 1996 in the scale of Rs. 4000 - 6000/ - by an office order No. 1, dated 24th October, 2000 issued by the Legal Services Committee of Ranchi Bench of the Patna High Court under the signature of the then Registrar, Ranchi Bench of the Patna High Court. After re -organisation of the State the petitioner continued to receive salary but he was not paid salary for the month of February, 2002 and thereafter since May, 2002 onwards, after a new Legal Services Committee was constituted for the High Court of Jharkhand, Ranchi, though he is still in service and is working. It is stated that the High Court of Jharkhand at Ranchi has been established since 15th November, 2000 and the then Ranchi Bench of the Patna High Court has been made the main seat of the High Court of Jharkhand.

(3.) THE writ petition is allowed, with the aforesaid observations/directions.