MADAN PRASAD Vs. STATE OF BIHAR THROUGH CHIEF SECRETARY PATNA AND O
LAWS(JHAR)-2010-11-63
HIGH COURT OF JHARKHAND
Decided on November 22,2010

MADAN PRASAD Appellant
VERSUS
STATE OF BIHAR THROUGH CHIEF SECRETARY PATNA AND OTHERS Respondents

JUDGEMENT

- (1.) Heard the parties.
(2.) Learned counsel appearing for the petitioner submits that before bifurcation of the State of Bihar, the petitioner was working on the post of Bill Clerk at Indigenous Medicine Directorate (Desi Chikitsa Directorate), Patna. However, on bifurcation of the State, the petitioner was allocated Jharkhand cadre. Accordingly, he joined in the State of Jharkhand in the month of June, 2006 but the petitioner is not getting salary for the reason that his last pay certificate has not been issued from the place of his previous posting. Learned counsel further submits that earlier Rs. 1,42,727/- was due to be paid by the petitioner to the Department and for that reason last pay certificate was not issued but subsequently, the Department has not only recovered the entire amount, rather it has recovered more than that to the extent of Rs. 26,097/-, which would be evident from Annexure-4, and, therefore, the Authority be directed to issue last pay certificate immediately and excess amount, which has already been deducted, be directed to be paid to the petitioner.
(3.) In view of the facts and circumstances, this application is disposed of with a direction to the Director, Indigenous Medicine Directorate, Patna (respondent no. 2) to issue last pay certificate to the petitioner with an endorsement that a sum of Rs. 26,097/- is payable to the petitioner within a period of two weeks from the date of receipt/ production of a copy of this order.;


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