BHUBNESHWAR MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner was appointed on 10th December, 1968 as a peon in the State Library, Dhanbad. He was not paid salary for certain period. After his retirement on 31st July, 2001, he having not paid the retiral benefits and other dues preferred a W.P. (S) No. 1408/2002. It was alleged that the salary for the month of May, June & July, 2001 was not paid, nor the retiral benefits such as pension, gratuity, group insurance etc. A Bench of this Court vide its order dated 27th February, 2002 while asked the petitioner to prefer a fresh representation before the competent authority, the authority in its turn was directed to look into the matter. Thereafter no specific relief having been granted the present writ potition has been preferred.

(2.) ACCORDING to reepondents the petitioner retired from the Mass Education Department of the State on 31st July, 2001. Said Department (Mass Education) having closed since 15th May, 2001 and the petitioner having not worked from 15th May, 2001 to 31st July, 2001, the salary of the subsequent period has not been paid.

(3.) IN the facts and circumstances, the respondents are directed to pay the petitioner salary for the period from 16th May, 2001 to 31st July, 2001 (date of relirement) and all the admitted retiral benefits, counting the aforesaid period, such as full pension, gratuity, leave encashment, provident fund etc. if not yet paid within a period of three months from the date of receipt/production of a copy of this order failing which the respondents will liable to pay interest @ 5% on the admitted dues from the date of retirement (31st July, 2001) as also a cost of Rs.10,000/ - in favour of petitioner.