D.N. Patel, J. - (1.) LEARNED Counsel for the Petitioner submitted that for No. fault of the Petitioner, the salary of the Petitioner has not been paid by the Respondents from July 2010 till today. The Petitioner is working as Block Statistical Supervisor with the Respondents at Godda district. It is further submitted by learned Counsel for the Petitioner that there is some error on the part of the Respondents and by now the same has been rectified by the Respondents, but then also, they are not paying salary to the Petitioner.
(2.) LEARNED Counsel for the Respondent State submitted that a detailed counter affidavit has been filed, wherein, it is stated that initially there is some error in the number of General Provident Fund account, which has now been corrected and, therefore, the Petitioner is entitled for salary for the period running from July 2010 till today. As and when allotment of amount pertaining to the salary of the Petitioner will be received by the Collectorate, Godda, the salary will be paid to the Petitioner, as stated in paragraphs 9 and 10 of the counter affidavit. Looking to the facts and circumstances of the case, it appears that there is some error in the number of General Provident Fund account of the Petitioner by the Respondents and, therefore, salary of the Petitioner was not paid to him from July 2010 till today. The error has not been committed by the Petitioner. The Respondents cannot be allowed to take benefit of their own mistake. The State of Jharkhand as well as the Director, Department of Statistic, Jharkhand, Ranchi are party Respondent in this writ petition. Neither the Secretary of the concerned department nor the Director, Department of Statistic, Jharkhand, Ranchi (Respondent No. 2) is worrying about the payment of salary to the Petitioner. If the salary is not paid to the Petitioner within a period of one week from today, I hereby stay the salary of The Director, Department of Statistic, Jharkhand, Ranchi (Respondent No. 2) till further order. I hereby direct the Chief Secretary of the State of Jharkhand not to pay salary to the Director, Department of Statistic, Jharkhand, Ranchi, if the salary is not paid to the Petitioner for the period running from July 2010 till today, within a period of one week from today because there is not a single defendable reason with the Respondents for not making payment of salary to the Petitioner. Only reason advanced is that the Respondents are not getting grant under a particular heading for payment of salary. This is not a valid reason in the eye of law.
(3.) REGISTRY of this Court is directed to send a copy of this order to the Chief Secretary of the State of Jharkhand as well as to Respondent No. 2.;