Jharkhand High Court
Bhutki Mahatmain Wife Of Mani ... vs The State Of Jharkhand Through Its ... on 1 November, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.1858 of 2021
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Bhutki Mahatmain wife of Mani Mahto, the Peon, Project Girls High School,
Bhandra, Lohardaga and residing at Bhandra, PO PS Bhandra, District
Lohardaga.
... Petitioner
-versus-
1. The State of Jharkhand through its Secretary, Human Resources
Development Department, Telephone Bhawan, Dhurwa, Ranchi.
2. The Director (Secondary Education), Human Resources Development
Department, Telephone Bhawan, Dhurwa, Ranchi.
3. The Regional Deputy Director of Education, South Chhotanagpur
Division at Ranchi.
4. The District Education Officer, Lohardaga.
... Respondents
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate
For the Respondents : Mr. Shubham Gautam, AC to AAG V
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6/ 01.11.2022 Heard learned counsel for the petitioner and learned counsel
appearing for the State-respondents.
2. In this writ petition, petitioner has prayed for directing the
respondents to release the arrears of salary with effect from 01.01.1989 to the
date of her retirement, i.e., 31.03.2011, in revised pay scale, revised vide
different resolutions issued by the State Government from time to time and
accordingly pay to her in light of the judgment dated 09.02.2015, passed in
W.P.(S) No.6417 of 2013 and in view of the consequential order as contained
in memo No.2843 dated 11.10.2018 and in view of the notification No.424
dated 09.02.2011 and further to pay the all retiral benefits, i.e., pension,
Gratuity, leave encashment, Group Insurance and other benefits to the
petitioner in revised pay scale with all consequential benefits and to pay
statutory interest as well as panel interest on the aforesaid amount.
3. Counsel for the petitioner submits that the petitioner is entitled to
receive revised pay scale with effect from 01.01.1989 till the date of her
retirement, i.e., 31.03.2011, which has not been paid to her. He submits that
though salary was paid to the petitioner, yet arrears from 01.01.1989 till the
date of her retirement have not been paid in the revised scale. Counsel for the
petitioner submits that pensionary benefits have also not been paid though she
has retired on 31.03.2011. He submits that the petitioner has represented
before the authorities on several occasions, but without any result.
4. Counsel for the respondents submits that if the petitioner makes a
fresh representation before the respondent No.2 along with all the documents,
which she wants to rely in support of her claim, grievances of the petitioner will
be looked into and if any amount is found payable, the same shall be
disbursed.
5. Considering the submissions of the parties, I direct the petitioner
to approach the respondent No.2 with a fresh detailed representation along
with all the documents which she wants to rely in support of her claim as also
a copy of this order within six weeks from today. Upon receipt of the
representation, the respondent No.2 will consider the claim of the petitioner
and take an appropriate decision on the same within a period of ten weeks
from the date of receipt of representation. If any amount is found payable, the
same shall be paid to the petitioner within four weeks thereafter and if the
respondents dispute or deny any part of the claim of the petitioner, reasons
thereof should also be communicated to the petitioner within the same period.
6. With the aforesaid observations and directions this writ petition
stands disposed of.
(Ananda Sen, J.)
Kumar/Cp-02
