STATE OF JHARKHAND Vs. RAMDULAR DEHRI

JUDGEMENT

(1.) The present Civil Review application has been preferred for modification/review of the order dated 10.12.2013, passed in W.P. (S) No. 1175 of 2013, whereby this Court disposed of the writ petition with liberty to the petitioner to file representation regarding his claim, before the Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi alongwith a copy of the decision of the Court in Zahid Hussain and others (supra) and on receipt of the said representation, the said respondent shall consider the petitioner's claim and pass appropriate order in accordance with law, within six weeks from the date of receipt of representation. It has further been directed that if the said respondent finds that the petitioner's case is identical to the case of Zahid Hussain and others (supra), he shall pass similar order regarding payment of arrears of salary to the petitioner for the period from 16.05.2001 till the date of his absorption in the service i.e. 20.02.2008 within six weeks thereafter. If the amount (s) found payable to the petitioner is not paid within the aforesaid period, the same shall carry interest @ 10 per cent per annum from the date the amount (s) was/were payable till final payment.

(2.) It has been averred in the Review application that the petitioner has filed the writ application bearing W.P. (S) No. 1175 of 2013 and the order was passed by the Hon'ble High Court on 10.12.2013 in terms of judgment passed in Zahid Hussain & Others by Hon'ble High Court. In identical case bearing W.P. (S) No. 729 of 2004, Asgar Ali & others-Vs.- State of Jharkhand, the Hon'ble High Court vide order dated 04.01.2010 has directed to pay the salary for the period during which the petitioners were retrenched. The State Government after dismissal of L.P.A. preferred S.L.P. (C) No. CC-10361-10364 of 2014, State of Jharkhand Vs. Asgar Ali vide order dated 18.07.2014 has modified the order as mentioned above. It has further been submitted that in compliance of the order dated 18.07.2014 passed in S.L.P. (C) No. CC-10361-10364 of 2014 by the Hon'ble Apex Court, more than 13 crores and 32 lacs have been allotted to different D.D.O. in financial year 2015-2016 and more than 2 crores 32 Lacs have been allotted to different DDO for payment of salary in financial year 2016-2017. It has further been submitted that the Orders and Judgments including the order dated 10.12.2013, passed in W.P. (S) No. 1175 of 2013 is fully covered by the order dated 18.07.2014 passed by the Hon'ble Supreme Court of India vide Annexure-1 to the Review application. In the said SLP, the Hon'ble Apex Court has been pleased to direct that the payment of arrears of salary shall be done in a phased manner within a period of two years. It has further been submitted that many writ petition as well as in many Contempt cases were clubbed together bearing case no. 222 of 2010 vide order dated 16.01.2015 and the payment of arrears to the employees shall be done in a phased manner and it has not directed to pay any interest so on, as per Annexure-2 to the Review application. Further, it has been submitted that on the ground of equity also the order dated 10.12.2013, passed in W.P. (S) No. 1175 of 2013 needs to be modified since in many cases, no interest has been paid to petitioners.

(3.) Mr. Dhananjay Kumar Dubey, learned Sr. S.C. I. appearing for the review petitioner-State submits that since the arrears of principal amount has already been paid to the petitioners, the direction with regard to the payment of interest be waived, since as per the decision of the Hon'ble Apex Court in the case of similarly placed employees, the payment was to be made in a phased manner.