- (1.) IN this case the petitioner has made the following prayers : '' (A) For direction upon the respondents to pay arrear of salary for the suspension period i. e., from 17.2.1997 to 14.11.2000 minus subsistence allowance paid in the aforesaid period; (b) For direction upon the respondents to grant and pay arrear difference of salary for being promoted in the selection grade in pursuance of the order of promotion being No. 3535 dated 19.6.1997 issued by the Department of Water Resources, Government of Bihar in the scale of Rs. 445 -745/ - from 1.4.1979 to 31.3.1981, Rs. 850 -1360/ - from 1.4.1981 to 31.12.1985 and in the revised scale of Rs. 1460 -2900/ - from January, 1996; (c) For payment of difference of arrear salary in the scale of senior selection grade i.e, Rs. 1800 -3330 in pursuance of the order No. 2653 dated 30.12.1999 issued by the Water Resources Department, Government of Bihar and also for payment of the difference of salary for senior selection grade in the revised scale of Rs. 5000 -8000/ -w.e. f. 1.1.1996; (d) For direction upon the respondent for grant and pay arrear difference of salary in the scale of Assistant Engineer from the due date till the date the petitioner is entitled; (e) For cost and interest for the late payment and harassment caused to the petitioner;
(2.) ACCORDING to petitioner, he was suspended on 17.2.1997 having made an accused in a criminal case being S.T. No. 354/97. In the said case he was acquitted by the learned District and Sessions Judge, East Singhbhum, Jamshedpur vide judgment dated 7.2.2002. Thereafter the Secretary, Water Resources Department, Government of Jharkhand vide its order No. 3811 dated 13th December, 2002 reyoked the order of suspension and it was ordered to treat the period of suspension on duty and to pay full benefits during the period of suspension. The grievance of the petitioner is that inspite of such order he has not been given arrears of salary nor provided with the consequential benefits including difference of salary for being promoted to the selection grade in pursuance of order No. 3535 dated 19.6.1997 as was issued by the Department of Water Resources, Government of Jharkhand. It is also submitted that the pay of the petitioner has not been fixed in the revised scale as was allowed to the other employees from time to time. Having regards to the facts and circumstances and as the issue requires determination firstly by the respondents, the ' case is remitted with liberty to the petitioner to approach the Secretary, Water Recourses Department, Government of Jharkhand. If any representation is filed by the petitioner with a copy to the Chief Engineer, Icha Guladih Complex, Adityapur, Jamshedpur, the authorities, in their turn, will determine the claim and/or his entitlement for the benefits as claimed in this petition. If any amount is found payable the authority will pay it to the petitioner within a period of four months from the date of representation. On the other hand, if one or other authority rejects one or other claim will communicate the grounds to the petitioner.
(3.) THIS application stands disposed of with the aforesaid observations/directions.;