- (1.) COUNSEL for the petitioner submitted that petitioner is seeking mainly the salary for the period stated in the memo of petition. It is submitted by the petitioner that looking to the counter affidavit filed by the State authority. it appears that though the petitioner has been appointed by the respondents -State Government vide order at Annexure -12 of the memo of petitions yet it has been stated in Clause 2 of the aforesaid Annexure -12 that the State of Jharkhand has to approve pay scale. etc and only thereafter the payment of salary shall be made to the petitioner. Annexure -12 is dated 21st November. 2008 and looking to the counter -affidavit filed by the respondents. approval is yet to be given by the respondents -State authorities. Enough time has been consumed by the respondents and. therefore. let a suitable direction be given to the respondents to take a decision as per Clause 2 of the Annexure -12 within a stipulated time given by the Court in accordance with law.
(2.) COUNSEL for the respondents has no objection if such a direction is given to the State authorities to take this decision in accordance with law within the stipulated time given by this Court. In. view of the aforesaid limited submission. it appears that there is enough lethargic attitude on the part of the respondents. Looking to Annexure -12 it appears that as per Clause 2 thereof. the pay scale of the petitioner is subject to the approval of the State Government and thereafter only. salary will be paid to the petitioner. Annexure 12 is dated 21st November. 2008. Till today no decision has been taken by the respondents as stated in. the counter -affidavit filed by the State.
(3.) 1. therefore. direct the State of Jharkhand through Director. Primary Education. Ranchi to take a decision which is required to be taken by the State Government as per Clause 2 of Annexure -12 within a period of one week from the date of receipt/production of a copy of this order. The decision will be taker in accordance with law. rules. regulations. policies and Government enforceable orders. applicable to this. petitioner. If the decision is taken in favour of the petitioner. necessary benefits including monetary benefits will be extended. to the petitioner with a further period of four weeks thereafter.;