LAWS(JHAR)-2009-11-270

PANMATI DEVI Vs. STATE OF JHARKHAND

Decided On November 12, 2009
Panmati Devi; Abha Sen Appellant
V/S
State of Jharkhand; Purnanand Singh, Jamshedput; Nirja Kujur, Jamshedpur; Rabindra Pd Singh, C P Samiti; Devika Mandal Respondents

JUDGEMENT

(1.) Pursuant to the order dated 29/10/2009, the District Superintendent of Education, Jamshedpur is present in person and he has also filed his show cause. In his show cause, after tendering unqualified apology, it has been stated by him that he joined the office of the District Superintendent of Education, Jamshedpur only on 23/09/2009 and, thereafter, he took immediate steps to comply the order dated 14/07/2008 passed by this Court in W.P.S. No. 315 of 2008. It is further stated that both the petitioners have now been paid their all legal dues.

(2.) It appears that the amount legally payable to the petitioners have been paid to them only on 05/11/2009 whereas the writ petition was disposed of on 14/07/2008 and the petitioners retired from service in the year 2002 and 2004 respectively and for this period of 5 to 7 years they have been deprived of their legitimate dues. Therefore, there is no dispute that after an inordinate delay the amount legally payable to the petitioners has been paid to them. However, in view of consideration of the fact that this District Superintendent of Education, Jamshedpur, joined only on 23/09/2009 and, thereafter, he took prompt steps to comply the order passed by this Court and, therefore, though this Court was initially inclined to award heavy cost against the State but considering the facts stated above, no cost is being awarded. However, the District Superintendent of Education, Jamshedpur is being asked to be very careful in future and he should attend the order and directions passed by this Court whenever it is served on him.

(3.) The show cause filed by the District Superintendent of Education, Jamshedpur is hereby accepted and his personal appearance is hereby dispensed with.