RANA PRATAP Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is a veterinary doctor whose services have been allocated from the successor state of Bihar vide notification dated 25.4.2005 of the Central Government to the successor state of Jharkhand (Annexure-8). The grievance of the petitioner is that under the Successor State of Bihar the Non Practicing Allowance (N.P.A.) which was admissible to veterinary doctors like the petitioner has not been paid to him and is lying outstanding for the period he served under the Successor State of Bihar i.e. from 1.3.2001 to 21.6.2005. The petitioner has however claimed such relief from the respondent- State of Jharkhand on the basis of resolution of the Finance Department, Government of Jharkhand dated 7.12.2007 as also dated 10.4.2012(Annexure-19 and 20 respectively). According to the petitioner the salary and other admissible arrears of pay which were outstanding in the Successor State of Bihar from where the services of the employees like petitioner have been allocated to the successor State of Jharkhand would be payable by the Successor State of Jharkhand. The Successor State of Jharkhand would seek such adjustment from its counter part Successor State of Bihar in respect of such arrear for the period the incumbent has served the previous government i.e. Successor State of Bihar.

(2.) The respondent- State of Jharkhand in their counter affidavit have taken a stand that notification upon which the petitioner is placing reliance for payment of N.P.A. dated 15.4.2000 by the parent State of Bihar was withdrawn by the Successor State of Bihar on 20.3.2001 vide letter No. 1647 as also by the Successor State of Jharkhand vide letter No. 1107 dated 2.5.2001 after reorganization of the parent State. However, the State of Bihar continued with the said facility of N.P.A to the veterinary doctors by restoring the earlier order vide notification dated 11.8.2001. The State of Jharkhand however has not restored the said facility of N.P.A to the veterinary doctors who are serving in the State of Jharkhand. In such circumstances, they have denied the admissibility of N.P.A to the petitioner for the period he served under the State of Bihar i.e. from 1.3.2001 to 21.6.2005. The same decision has been communicated to the petitioner vide Annexure-A to the counter affidavit dated 2.1.2013. In such circumstances, the respondent- State of Jharkhand has denied the admissibility of the said amount.

(3.) Learned counsel for the respondent- the office of Accountant General, Jharkhand has referred to Annexure-22 series at page 89 of the writ petition which is also to the same effect vide information furnished under the R.T.I. by their office to the petitioner. In such circumstances, a stand has been taken by the respondent- State of Jharkhand as well as the office of Accountant General, Jharkhand that the writ petition itself is not maintainable as the claim of the petitioner relates to the period when he was serving the State of Bihar and it is not admissible to the State of Jharkhand. Learned counsel for the office of Accountant General, Jharkhand further submits that since the aforesaid allowance is not admissible under the Successor State of Jharkhand, therefore there are no heads of Account under which such payment can be made and adjustment may be sought from the counterpart, State of Bihar as claimed by the petitioner. In such circumstances, counsel for the respondents have submitted that the cause of action for the petitioner who has approached this Court squarely lies within the territorial jurisdiction of the Patna High Court where the petitioner can pursue his case.