MADAN MOHAN MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the State.

(2.) In the aforesaid background, the stand of the respondent, Zila Parishad as reflected in the counter affidavit is that a sum of Rs. 58,009/- was intimated to the Post Master, Chatra to be deposited in the petitioner's account. After the receipt of the order of the Court passed earlier in the petitioner's case, gratuity with benefits of 5th Pay Revision amounting to Rs. 1,28,816 and leave salary mounting to Rs. 62,456/- has been paid to the petitioner, which was received by him on 18.4.2007. However, at paras. 11 and 12 of the said counter affidavit statements have been made that process for payment of due retiral benefits to the petitioner is going on. It has been further stated that only the benefit of G.P.F. double benefit is due to the petitioner which would be paid preferably within 1 month; so far as the 7 month salary for the period from February 1997 to August 1997 is concerned, it has been stated that since the petitioner had remained absent for the said period, he is not entitled to the same. Further statement has been made that petitioner is not entitled for benefits under 6th Pay Revision and benefits of 5th Pay Revision has already been given to him and the process of calculation for the benefits of second time bound promotion and other retiral dues, if any, is going on, which will be paid within 3 months.

(3.) The instant affidavit was filed as indicated earlier on 6.1.2012 and learned Counsel for the petitioner submitted that except an amount of Rs. 10,000/-, which has been paid thereafter, no further amount has been paid. It has been further stated through his rejoinder that there are enough evidence, such as Annexures-6 and 7 to the writ petition to show that petitioner was not paid his salary for the period from February 1997 to August 1997 since his last pay certificate were not received by Zila Parishad, Chatra from Zila Parishad, Hazaribag after the bifurcation of Hazaribag district.