SHYAM CHATOMBA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner has retired on 31.1.2011 from the post of Peon in the Project Girls High School, Kotgarh, Noamundi District West Singhbhum. Bereft of unnecessary details, it is relevant to straightway refer to the notification contained in memo. 424 dated 9.2.2011 where under services of several teaching and non -teaching employees of the Project High Schools were recognized by the respondent -Department of Human Resource and Development, Government of Jharkhand and the petitioner's name is at serial no. 38 in the list of Class IV employees as a Peon shown to have been working in the same Project Girls High School, Kotgarh, Noamundi and his date of joining has been shown as 21.2.1985. As per the conditions stipulated in the said notification at para 2, the services have been recognized w.e.f. 1.1.1989 with the conditions laid down therein (i) that the relevant certificates of the teaching/non -teaching employees would be verified and confirmed; (ii) that payments of the arrears of salary for the period prior to 15.11.2000 would be paid based upon the settlement and the consensus arrived at between the successor State of Jharkhand and the State of Bihar; (iii) that the arrears of salary for the period from 15.11.2000 onwards to be paid by the State of Jharkhand. The grievance of the petitioner is that since his retirement neither the arrears of salary has been paid nor the post retirement benefits have been paid till date.

(3.) HAVING heard counsel for the parties and in the aforesaid state of facts, since the petitioner's services have been recognized as per the notification dated 9.2.2011 w.e.f. 1.1.1989 in the Project Girls High School, Kotgarh, Noamundi, West Singhbhum on the post of Peon, the respondents are expected to conclude the said exercise within a reasonable time as contemplated under the said notification preferably 12 weeks from the date of receipt of the copy of this order. Dependent upon such decision release the admissible arrears of salary at least from 15.11.2000 onwards and other post retirement dues admissible to him as a regularized employee within a reasonable time preferably 6 weeks thereafter. Rest of the arrears of salary for the period prior to 15.11.2000 may be disbursed depending upon the settlement arrived at between the two successor State of Bihar and Jharkhand.