Jagdish Singh Vs. State of Jharkhand and ors. - Court Judgment

Excerpt:
- constitution of india. articles 12 & 226: [m. karpaga vinayagam, c.j., narendra nath tiwari & d.p.singh, jj] writ petition - maintainability - whether state co-operative milk producers federation ltd., is a state within meaning of article 12 ? - held, from perusal of relevant rules of byelaws, it is clear that state government has no role to play either in policy decision for raising funds for federation or its expenditure and thus have no financial control. further there is nothing to indicate that government has any functional and administrative control over federation. state government has no role to play in matter of appointment of any of officials of federation including managing director. federation is totally independent in all respects and in no way subservient to state government in conduct of its business. federation in no way can be termed as agency of state government and does not come within meaning of article 12 of constitution. writ petitions against federation is not maintainable. orderr.k. merathia, j.1. petitioner's grievance is that though he retired on 31.1.1999 while working as headmaster in government middle school, hussainabad, palamau, but his dues salary, earned leave and two annual increments for the year 1996-97 after refixation of pension have been withheld for no fault on his part.2. it is submitted by mr. a.k. kashyap, learned counsel appearing for the petitioner, that in spite of repeated requests, the said dues have not been paid to the petitioner saying that no funds are available.3. mr. r.r. mishra learned g.p. ii. appearing for the respondents, submitted that in spite of communication to the respondents concerned, he has received no instructions and, therefore, he is not in a position to either accept or controvert the averments made in the writ petition. however, he submitted that if the petitioner makes a fresh representation to the competent authority, the matter will be looked into.4. in the circumstances, the petitioner is given liberty to make a fresh representation to the district superintendent of education. palamau at daltonganj (respondent no. 2) who will see that the legally payable dues of the petitioner is paid to him. if any claim-part of it is not found legally payable, reasons thereof should be communicated to the petitioner. this exercise should be completed within two months from the date of filing of the representation. if the legally payable dues are not paid to the petitioner within the said time, the said amount shall also carry interest at the rate of 9% per annum which will be recoverable from the erring officer(s). it is made clear that this court has not gone into the merits of the claim of the petitioner.5. with these observations and directions this writ petition is disposed of.

Judgment:
ORDER

R.K. Merathia, J.

1. Petitioner's grievance is that though he retired on 31.1.1999 while working as Headmaster in Government Middle School, Hussainabad, Palamau, but his dues salary, earned leave and two annual increments for the year 1996-97 after refixation of pension have been withheld for no fault on his part.

2. It is submitted by Mr. A.K. Kashyap, learned Counsel appearing for the petitioner, that in spite of repeated requests, the said dues have not been paid to the petitioner saying that no funds are available.

3. Mr. R.R. Mishra learned G.P. II. appearing for the respondents, submitted that in spite of communication to the respondents concerned, he has received no instructions and, therefore, he is not in a position to either accept or controvert the averments made in the writ petition. However, he submitted that if the petitioner makes a fresh representation to the competent Authority, the matter will be looked into.

4. In the circumstances, the petitioner is given liberty to make a fresh representation to the District Superintendent of Education. Palamau at Daltonganj (respondent No. 2) who will see that the legally payable dues of the petitioner is paid to him. If any claim-part of it is not found legally payable, reasons thereof should be communicated to the petitioner. This exercise should be completed within two months from the date of filing of the representation. If the legally payable dues are not paid to the petitioner within the said time, the said amount shall also carry interest at the rate of 9% per annum which will be recoverable from the erring officer(s). It is made clear that this Court has not gone into the merits of the claim of the petitioner.

5. With these observations and directions this writ petition is disposed of.