- (1.) HEARD learned counsel for the parties.
(2.) THE instant I.A. No. 5460 of 2013 has been preferred for disposing the writ application in the light of similar order passed in W.P.(S) No. 7556 of 2012 vide order dated 16th January, 2013. The petitioner has prayed for direction upon the respondents to release the arrears of salary w.e.f. 1st January, 1989 to 31st March, 2011 in revised pay scale as per the pay revision made from time to time under the State Government. The petitioner was appointed as Peon in Project Girls High School, Bhawanathpur, district Garhwa. The said school was recognized on 30th March, 1985 as per the policy decision of the State. The petitioner has continued to work in the said school thereafter. By conscious decision taken by Human Resources Development Department, Government of Jharkhand as contained in notification dated 9th February, 2011, the State Government has decided to recognize the services of such teaching and non teaching employees w.e.f. 1st of January, 1989 with the conditions imposed. The name of the petitioner occurs at serial no. 67 in the category of Peon vide notification dated 9th February, 2011. The conditions imposed are that their relevant documents relating to their appointments and qualifications shall be verified by the concerned District Superintendent of Education; For the period prior to 15th November, 2000, the payment of arrears would be made with the joint agreement of the State of Bihar and State of Jharkhand; For the period after 15th November, 2000, the payment of arrears of salary would be borne by the Government of Jharkhand. In such circumstances, she has come before this Court for direction upon the respondents to make arrears of payment for the period 1.1.1989 to 31st March, 2011.
(3.) THE RespondentsState, in their counter affidavit, have taken a stand that specific directions have been issued to the respective District Superintendent of Education vide letter dated 22nd December, 2012 issued by the Director, Secondary Education to examine such cases and threafter furnish their report with break up arrears of such persons accrued prior to 15th November, 2000 and this has again been followed vide letter dated 12th January, 2013 addressed to the respective District Superintendent of Education by the Director, Secondary Education which is AnnexureC to the counter affidavit.;