Jharkhand High Court
Md. Sultan vs State Of Jharkhand on 25 November, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.7923 of 2012
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Md. Sultan ..... .... Petitioner
Versus
1. State of Jharkhand.
2. Bihar State Food and Civil Supplies Corporation Limited,
Bailey road, Patna, Bihar.
3. The Chief of Administration, Bihar State Food Supplies
Corporation Limited, Bailey road, Patna, Bihar.
4. Jharkhand State Food and Civil Supplies Corporation
Limited, Itki Road, Hehal, Ranchi through its Managing
Director.
5. Jharkhand State Food and Civil Supplies Corporation
Limited , Chaibasa, West Singhbhum Jharkhand through
its District Manager.
6. Jharkhand State Food and Civil Supplies Corporation
Limited, Kadma Market, East Singhbhum through its
District Manager.
7. Accountant General, Jharkhand Ranchi.
..... ... Respondents
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CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner :Mr. Amit Kumar Das, Adv.
For the Res.State :Mr. S. Garapati, Adv.
For the Res. 7 :Mr. S. Shrivastava, Adv.
For the Res. Nos.4-6 : Mr. Dr. Ashok Singh, Adv.
For the Res. Nos.2-3 : Mr. Jitendra S. Singh, Adv.
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19/25.11.2021 Heard learned counsel for the parties.
2. The instant writ application has been preferred
by the petitioner praying therein for a direction upon the
respondent authorities to pay his retiral benefits as well as
arrears of salary, the details of which is given in paragraph
No.1 of the writ application.
3. At the outset, Mr. Amit Kumar Das, learned
counsel for the petitioner submits that the petitioner had
received some amount and now the only outstanding
amount is arrear of 5th Pay Revision from April 2000 to
December 2005 and arrear of 6th Pay Revision from
January, 2006 to January 2011, as such the respondent
Jharkhand State Food and Civil Supplies Corporation
Limited (hereinafter to be referred as JSFCSCL) may be
directed to pay the entire amount after verification of record
so that the retired person be not harassed any more.
4. Mr. Jitendra S. Singh, learned counsel for the
respondent Nos.2 & 3- Bihar State Food and Civil Supplies
Corporation Limited submits that the issue has already
been decided in several judgments passed by this Court
that if a person retires from the territorial jurisdiction of
Jharkhand after bifurcation of State, the JSFCSCL will pay
the retiral benefits. He further referred to the judgment
passed by the Co-ordinate Bench of this Court in W.P.(C)
No.6763/13 wherein this Court has categorically held that
if the claim of the claimant is found after bifurcation of the
State, JSFCSCL will pay the admitted dues. In this view of
the matter the respondent Nos. 4 to 6 may be directed to
pay the retiral benefits.
5. Dr. Ashok Singh, learned counsel appearing for
respondent Nos. 4 to 6 submits that as per the directives of
the State Government through the department of Food and
Civil Supplies, JSFCSCL is only required to pay the retiral
dues of the employees who have retired from the territorial
jurisdiction of the State of Jharkhand. Save and except the
retiral dues, the other benefits are not the liability of the
JSFCSCL, as such, he insisted to call upon the State of
Jharkhand through the Secretary, Food and Civil Supplies
Department to accept the liability or issue appropriate
order upon the JSFCSCL for the disbursement of the
amount as has been claimed by the writ petitioner.
6. Having heard learned counsel for the parties and
after going through the documents annexed with the
respective affidavits and the averments made therein and
also the order passed in W.P.(C) No.6763/13, it appears
that the instant writ application is squarely covered by the
above referred judgment wherein Co-ordinate Bench of this
Court has held at paragraph No.13 as under:-
"13. therefore, this Court on the basis of the facts as
discussed hereinabove, is hereby passing the following
directions:
(i) The Chairman/Managing Director, Jharkhand
State Food and Civil Supplies Corporation Limited is
hereby directed to disburse the claim in favour of
the writ petitioner pertaining to the financial year
2001-02 within a period of three months from the
date of receipt of copy of the order.
(ii) So far as the claim which pertains to the financial
year 2000-01 is concerned, the liberty is being given
to the writ petitioner to make the claim by giving all
details like the work order and other supported
documents to establish his claim and the liability as
to whether it is upon the Jharkhand State Food and
Civil Supplies Corporation Limited or Bihar State
Food and Civil Supplies Corporation Limited, i.e, for
its examination by the concerned [9] corporation to
scrutinize as to whether the said work is prior to
14.11.2000 or after 14.11.2000.
If such representation will be filed by the writ
petitioner before the Managing Director of both the
corporations within a period of four weeks from the date of
receipt of copy of the order. Both the Managing Directors of
both the corporations will examine the claim by
ascertaining the fact as to whether it is prior to
14.11.2000 or after 14.11.2000. If the conclusion will be
arrived at that the claim which is being sought for by the
writ petitioner is prior to 14.11.2000 the amount claimed
shall be disbursed by the Bihar State Food and Civil
Supplies Corporation Limited within a period of three
months from the date of such decision.
However, if it is found that the claim of the writ
petitioner is after 14.11.2000 then the liability would be
upon the Jharkhand State Food and Civil Supplies
Corporation Limited and the admitted claimed amount
shall be paid in favour of the writ petitioner by the
Jharkhand State Food and Civil Supplies Corporation
Limited within a period of three months."
7. Respectfully relying the aforesaid judgment, the
instant writ application, is hereby, disposed of by directing
the petitioner to file a fresh representation making his
claim of dues before the respondent No.4. The moment
such representation/claim is received by the respondent
No.4; he will pass necessary order for payment after
verification of record within a period of 12 weeks from the
date of receipt of such representation and the entire
amount which would be found payable, shall be paid to the
petitioner within a further period of four weeks.
8. With the aforesaid observations and directions
the instant writ application stands disposed of.
(Deepak Roshan, J.)
Fahim/-
