RANCHI, India, June 16 -- Jharkhand High Court issued the following order on May 15:
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for the following reliefs:
"i) commanding upon the respondents to grant 2nd ACP to the petitioner;
(ii) commanding upon the respondents to make payment of the arrears of the salary of the petitioner for the period from 1.1.2011 to 20.3.2011;
(iii) commanding upon the respondents to make payment of the transfer allowance upon being transferred to Chatra from Sahibganj vide transfer order contained in memo no.3/AYUSH-Tr.13/2009/365(3) dated 31.12.2010 as well as the conveyance/transport allowance transport admissible to be payable to him for undertaking journey beyond 20 KM from Chatra to his native place Madhubani (Bihar) pursuant to his retirement on 30.6.2012;
(iv) quashing/setting aside the Notification contained in memo no.19/Charge-(Ayush)-11/2012-61(19) Ranchi dated 15.3.2013 (Annexure8) whereby the Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand has ordered for deduction of 50% of petitioner's pension in terms with Rule 139 of the Jharkhand Pension Rules.
3. The brief facts of the case are that the petitioner was appointed as an Ayurvedic Medical Officer in the Health Department in 1987 under the then State of Bihar and upon reorganization of State of Bihar, his services fell into the State of Jharkhand and finally he superannuated on 30.06.2012.
4. Earlier the petitioner had filed a writ application being WP(S) No. 1203 of 2011 seeking reliefs, inter alia, to make payment of arrears of salary, and it was disposed of with a direction to the respondent authority to pass a reasoned after.
5. Pursuant thereto; during the pendency of Contempt Case (Civil) No. 80 of 2012, an order dated 30.13.2012 was passed by the Principal Secretary, Respondent No. 2, which included the denial of the payment of the arrears of salary to the petitioner for allegedly remaining absent unauthorizedly from 01.01.2011 to 20.03.2011. Thereafter, the petitioner made a representation on 02.05.2012 against the aforesaid order explaining the reason of delay that he was given 15 days' time for joining pursuant to his transfer vide notification dated 31.02.2010, and moreover, the newly nominated Principal had not took charge from the petitioner on time. The petitioner highlighted this matter before the department but after finding delay he unilaterally relinquished the charge on 17.03.2011 and joined at the newly posted place on 21.03.2011. 6. Thereafter, on 19.06.2012, the Deputy Secretary asked the petitioner to give his clarification in regard to alleged illegal withdrawal of salary of Rs. 1,42,445/- for the period of alleged absence.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrOKd112T3VMGVL9UNds3YWBbZfBdMWSCtD%2B1lPQDxnNy&caseno=WPC/6547/2018&cCode=1&cino=JHHC010400512018&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
