STATE OF JHARKHAND Vs. MEERA DAS GUPTA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The correctness and legality of the order dated 26.08.2009, passed by learned Single Judge in W.P.(S) No. 2674 of 2003 is being assailed by the respondents-State of Jharkhand, appellant herein. The learned Single Judge directed the appellant-State to make payment of the salary and other allowances to the writ petitioner for the work taken from him for the post of Deputy Director for the period from 04.04.1996 to 29.06.2001 and for the post of Director, Mines and Geology for the period from 30.06.2001 till the date of his superannuation i.e. 30.06.2003 after deducting the salary already paid to him. He was further entitled to the retiral benefit on the basis of his pay as Director, Mines and Geology, as he was holding the said post on the date of his retirement.

(3.) Writ petitioner claimed the salaries and allowances attached to the post of Deputy Director and of the Director by relying upon the Rule 58 and 103 of the Jharkhand Service Code. He also relied upon the judgment of a learned Single Bench of the Hon'ble Patna High Court in the case of "Dr. Sachita Kumar Sinha-versus- State of Bihar & others, (1995) 1 PLJR 362".