SACHIDA NAND SINGH Vs. THE STATE OF JHARKHAND & ANOTHER

LAWS(JHAR)-2012-2-162

HIGH COURT OF JHARKHAND

Decided on February 03,2012

SACHIDA NAND SINGH Appellant

VERSUS

The State Of Jharkhand And Another Respondents

JUDGEMENT

Aparesh Kumar Singh - (1.) HEARD learned counsels for the parties.
(2.) IN this writ petition, the petitioner has prayed for the following reliefs: (i) For issuance of an appropriate writ, in the nature of mandamus, or an order or direction directing the respondents to immediately sanction and pay the retrial due on account of unutilized earned leave for 293 days legally payable to the petitioner; (ii) For issuance of further appropriate writ, in the nature of mandamus, or an order or direction directing the respondents to immediately release the allotment for payment of arrear salary from 1.1.2006 to 31.12.2008, consequent upon revision of the payscale of govt. employees, amounting to Rs. 3,46,000/, so as to enable the petitioner to take urgent steps for his medical treatment and/or transplant of the kidney because kidney of the petitioner has completely failed and he is on C.P.D. Dialysis. (iii) For issuance of further appropriate writ/order/direction directing the respondents to pay interest, at the rate which this Hon'ble Court may think fit and proper, on the amount due to the petitioner, from the date of retirement till the date of payment; (iv) For issuance of any other appropriate writ(s)/order(s)/direction(s) as to Your Lordships may deem fit and proper in the facts and circumstances of the case. From the counter affidavit on record filed on behalf of respondent no. 1, it appears that unutilized earned leave amount for 293 days legally payable to the petitioner and the allotment of arrear of salary from 1.1.2006 to 31.12.2008, totaling Rs. 3,46,000/has been sanctioned on the part of the respondents. Apart from that the respondents have stated in paragraph no. 6 that the amount on account of retiral benefits which included full and final withdrawal of G.P.F.; withdrawal of Group Insurance; sanction of full and final payment of pension including his revised pension as per the recommendation of Sixth Pay Commission; sanction of 293 days leave encashment; sanction of gratuity have been made on the part of the respondents. As such the grievances of the petitioner appear to have been settled and the writ petition has been rendered infructuous. Accordingly, this writ petition stands disposed of.;

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