RANCHI, India, Aug. 13 -- Jharkhand High Court issued the following order on July 14:

1. Heard learned counsel for the parties.

2. In the instant writ application, the petitioner has challenged the order as contained in Memo No. 464 dated 14.07.2012 (Annexure-7 of the writ petition) passed by the Director, Primary Education, Human Resources Development Department, Government of Jharkhand; wherein the claim of the petitioner with respect to payment of salary for the period with effect from 01.01.2008 to 30.06.2008, 07.09.2008 to 14.10.2008 and 03.11.2008 to 31.12.2008 has been rejected.

The petitioner has further prayed for releasing the arrears of Special Leave for 273 days on account of Medical Leave.

3. The brief facts of the case as per the pleadings are that the petitioner was appointed on the post of Assistant Teacher (Matric Trained) on 07.08.1971. During the service period the petitioner was transferred to various places. The petitioner retired from services on 30.06.2010. The petitioner had made an application and produced the Attendance Register to show that the petitioner was regularly present.

The District Superintendent of Education, Chaibasa vide letter dated 22.09.2008 had directed the Headmaster, Middle School, Budhigora, Chakradharpur for payment of salary of the petitioner from January, 2008 within one week.

Thereafter, the petitioner after retirement from services had made representations vide letter dated 25.05.2010, 22.07.2010, 30.11.2010 and 13.01.2011 before the authorities concerned for payment of salary for the period from 01.01.2008 to 30.06.2008, 07.09.2008 to 14.10.2008 and 03.11.2008 to 31.12.2008. All these representations were preferred by the petitioner before his retirement.

The petitioner was constrained to file a writ petition bearing W.P.(S) No. 194 of 2012 for payment of salary for the period as indicated in the representations dated 25.05.2010, 22.07.2010, 30.11.2010 and 13.01.2011. The writ petition was disposed of vide order dated 24.01.2012 in the following terms: -

"1. Learned counsel for the petitioner submitted that suffice it will be for disposal of this writ petition, if a direction is given to respondent no. 3 to treat this writ petition as a representation and decide the claim of the petitioner, by passing a detailed speaking order, in accordance with law and within stipulated time, as given by this Court.

2. I have heard learned counsel for the respondents, who has submitted that they have no much objection, if such a direction is given to respondent no. 3 to treat this writ petition as a representation and decide the claim of the petitioner, by passing a detailed speaking order, in accordance with law and within stipulated time, as given by this Court.

3. In view of these submissions, I hereby direct respondent no.3 [Director (Primary Education), Human Resources Development Department, Ranchi] to treat this writ petition as a representation and decide the claim of the petitioner, by passing a detailed speaking order, in accordance with law/rules, regulations, policies and Government enforceable orders, applicable to the petitioner, as expeditiously as possible and practicable, preferably within a period of twelve weeks from the date of receipt of a copy of the order of this Court, after giving an adequate opportunity of being heard to the petitioner or to his representative.

4. If the decision is taken in favour of the present petitioner, necessary benefits will be extended to him within further period of four weeks, thereafter.

5. In view of the aforesaid directions, this writ petition is disposed of."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=T2Oj5Y97nX2tmju2FyqIU%2F6hYuBkOUK0i4HKpYMx2Xf9H9B%2BaPvvZbym%2F5DfgfYl&caseno=WPC/2036/2013&cCode=1&cino=JHHC010222782013&state_code=7&appFlag=)

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