MD. RASHID ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court for a direction for payment of difference of arrears of salary from 1.4.1997 to 14.11.2000.

(2.) Mr. Afaque Ahmad, the learned counsel for the petitioner referring to communication dated 27.03.2008 and the list of employees appended to the said communication submits that the petitioner has not been paid the legally payable amount of Rs.30,800.00 which was sanctioned for payment to him. It is contended that the respondent nos. 4 and 5 have admitted the claim of the petitioner, however, admitted dues have yet not been paid to him.

(3.) The petitioner at the relevant time was working at Government Urdu Primary School, Lasia, Circle Kolebira, district-Simdega. Appointment letter of the petitioner has not been produced on record. He was transferred to the Government Urdu Primary School, Saraiya, Circle Boarijore, District-Godda in Jan., 2006. The respondents have asserted that he was relieved on 4.01.2006 from Simdega. In respect of office order dated 27.02008, the respondent no.6-Treasury Officer has stated that salary bill of the petitioner was not passed on account of wrong allotment balance mentioned on the bill. The respondent no.6 has asserted that more expenditure than the actual allotment received was shown. After giving a detailed description, the respondent no.6 has asserted that the calculation was patently wrong. Now, unless the objection raised by the respondent no.6 is resolved, payment, if any, cannot be made to the petitioner. In fact, paragraph no.2 of letter dated 27.2008 would reflect that the allotment was only for the financial year 2007-08. Mere mention of the name of the petitioner in list appended to office order dated 29.02008 is not sufficient. In respect of his appointment and payment of salary, the petitioner has neither made foundational pleadings nor produced any document.