GUPTESHWAR RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner had filed this writ petition for direction on the respondent to pay full and final pension including the arrears, leave encashment and other service benefits including the arrears of salary for the period from June 2000 to May 2001. The petitioner was holding Class-I post and retired from the post of Deputy Director, Higher Education, Government of Jharkhand on 31st July, 2008. In spite of lapse of several years of his retirement the service terminal benefits as well as the retiral dues have not been paid to the petitioner.

(2.) It has been stated that in June 2000 he was transferred but was not given posting. He was kept waiting for posting. His joining was accepted in May, 2001. During the period he was kept waiting for posting, his salary was not paid. He is entitled to get the arrears of salary of the said period alongwith other benefits.

(3.) It has been submitted that respondents have admitted the petitioner's claim but have disputed the claim of arrears of salary for the period from June 2000 to May 2001 by letter dated 10.7.2009, issued during pendency of the writ petition. In the said letter, the petitioner's claim for salary of the aforesaid period has been denied on the plea that the petitioner, who was under suspension, had given his joining on 20.6.2000 on revocation of suspension before the Director, Administration-cum-Deputy Secretary, Secondary, Primary and Adult Education, Bihar. After joining he was not posted. In the meanwhile, State of Jharkhand was bifurcated after reorganization of the then State of Bihar. The petitioner was posted as Deputy Director, Primary Education in the State of Jharkhand by Notification No. 373 dated 11.5.2001. The intervening period spent in the State of Bihar could not be regularized in Jharkhand. However, the period was not treated as break in service. In view of the resolution of Finance Department No. 3014 dated 31.7.1980 (Annexure-8), the said period is taken as service period for the purpose of counting pension, etc.