Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.3826 of 2008 Birendra Kumar Sinha son of late Bindeshwari Prasad Sinha, resident of Plot No.118, Prabhat Colony, Chas, P.O. and P.S. Chas, District-Bokaro. .... Petitioner Versus 1. The State of Jharkhand through the Principal Secretary, Department of Agriculture and Sugarcane Development Department, Government of Jharkhand, Nepal House, Doranda, Ranchi.
2. The Director, Agriculture, Directorate of agriculture, Government of Jharkhand, Ranchi.
3. The Joint Director, Agriculture cum Controller, Weights and Measure, Kanke Road, Ranchi.
4. The Assistant Director, Agriculture cum Deputy Controller, Weights and Measure, Department of Agriculture, Hazaribagh. ....... Respondents --- CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK --- For the Petitioner : Mr. Krishna Shankar, Advocate For the Respondents-State : Mr. Sarvendra Kumar, J.C. to S.C.(L&C) ----- 15/05.12.2017 In the accompanied writ application, the petitioner has prayed for direction upon the respondents for payment of salary for the month of January, 1993, 01.06.1994, January, 2000, arrear of salary from 03.03.2003 to 14.07.2004 and from 18.11.2005 to 15.01.2006 and also to pay medical bill amounting to Rs.9011/- and voucher for stamps, tickets, stationery and other miscellaneous works to the tune of Rs.20,747.28/- in view of order passed by the Director, Agriculture dated 17.09.2007 vide Annexure-6 to the writ application and the petitioner has further prayed for quashing of the orders dated 19.10.2005 and 23.08.2006 vide Annexures-7 and 8 of the writ application.
2. The brief facts, as disclosed in the writ application, is that while the petitioner was posted in the office of Inspector, Weights and Measures, Telco, Jamshedpur, his salary was not paid for the month of January, 1993, similarly when he was posted in Chas he was not paid the salary for January, 2000 and also for one day in the month of June, 1994. The Director, Agriculture issued direction to the Assistant Director, Agriculture cum Deputy Controller, Weights and Measures, Hazaribagh for sanctioning of the casual leave for the date i.e. 01.06.1994 and ensure payment accordingly. Due to a complaint case, the petitioner was suspended on 27.01.2003, while he was posted at Chas and the said order of suspension was revoked on 13.07.2004 w.e.f. 03.03.2003. Due to non-payment of salary for the period in question, the petitioner approached this Court earlier in W.P.(S) No.4163 of 2005 regarding payment of salary and other dues like medical bill, stationary bill which was disposed of vide order dated 09.09.2005. The petitioner again approached this Court in W.P.(S) No.539 of 2006 and the writ petition was disposed of on 13.06.2006. In pursuance to disposal of the writ application, the petitioner submitted representation on 25.07.2007. Since, the aforesaid order was not complied with, the petitioner filed a contempt petition. During pendency of the contempt proceeding, order dated 18.01.2008 by the Secretary, Department of Agriculture and Sugarcane Development Department, Government of Jharkhand vide Annexure-9 to the writ petition was passed, basing on that the contempt proceeding was dropped. Due to inaction of the respondents in not ventilating his grievances, the petitioner left with no other alternative, efficacious and speedy remedy has knocked the doors of this Court under Article 226 of the Constitution of India.
3. Mr. Krishna Shankar, learned counsel for the petitioner, during course of argument, has submitted that in view of the order passed by the Director, Agriculture dated 17.09.2007 vide Annexure-6 to the writ petition, the petitioner is entitled to the arrear of salary as well as other dues like medical bill and stationary bill. Learned counsel for the petitioner submits that in view of the order passed vide Annexures-7, 8 and 9 to the writ petition the impugned order is without any basis and liable to be set at naught. Learned counsel for the petitioner further submits that the action of the respondents in not paying the admissible dues of the petitioner smacks of arbitrary exercise of power. Learned counsel for the petitioner also submits that the respondent has passed the order on the pretext that Bokaro General Hospital (B.G.H.), Bokaro Steel City not being listed for Government employee and as such permission is required to be taken by the Health Department for the purpose of Medical bill. In this regard, learned counsel for the petitioner has referred to decision of this Court reported in 2010 (2) JCR64(Jhr) in the case of State of Jharkhand & Others Vs. Jacob Samuel & Another.
4. Supplementary counter-affidavit dated 11.12.2009 has been filed on behalf of respondents, rebutting the averments made by the petitioner. It has been interalia submitted that Bokaro General Hospital, Bokaro Steel City is not listed for Government employee for permission granted by the Health Department of Jharkhand Government for the purpose of Medical bill as evident from letter dated 15.09.2006 vide Annexure-A to the said affidavit. It has further been submitted that the petitioner is not authorized to purchase stamps etc. because petitioner is clerical staff. Clerical staffs can do this job only with the permission/authorization given by the head of the office or controlling officer. In the instant case, the petitioner has not taken due permission of his controlling officer or head of the office. It has further been submitted that the salary for the month of January, 1993 has already been paid through bill no.09 and 10 dated 02.08.2009 drawn by Assistant Controller, Weights & Measures, Dhanbad. Supplementary counter-affidavit has also been filed by the respondents dated 02.11.2017 reiterating the submissions made in the earlier counter-affidavit. (5) Mr. Sarvendra Kumar, learned J.C. to S.C.(L&C) for the respondents- State has submitted that so far as the arrear of salary is concerned, the same has been paid as narrated in the counter-affidavit but with regard to the payment of Medical bill, the same is not permissible because of the categorical submissions made in the counter-affidavit in view of the circular dated 15.09.2006 of the Health Department of Jharkhand Government. (6) Having heard learned counsel for the respective parties and on perusal of the records, this Court is not inclined to interfere with the arrears of salary of the petitioner and other miscellaneous expenses. But with regard to Medical bill amounting to Rs.9,011/- this Court feels inclined to direct the respondents to pay the admissible medical expenses as per Annexure-5 to the writ petition which has also been endorsed by the Director, Agriculture (respondent no.2). The view of this Court gets fortified by the judgment Jacob Samuel (supra). In that view of the matter, the respondents more particularly respondent nos.2 and 3 are directed to take necessary steps for payment of admissible Medical bill as per Annexure-5 to the writ petition within a period of 12 weeks. (7) So far as arrear of salary from 30.11.2000 to July, 2004, the petitioner seeks liberty to file a representation to the competent authorities within a period of six weeks from today, annexing all relevant documents and on receipt of the said representation, the respondent no.2 shall consider the same and pass appropriate orders, in accordance with law and decision taken thereof, be communicated to the petitioner. It is made clear that if the grievances of the petitioner are found to be genuine and he is entitled to the legally payable arrear of salary, the same shall be paid to the petitioner within two weeks thereafter. (8) Accordingly, the writ petition stands partly allowed. (Pramath Patnaik, J.) RKM