JUDGEMENT
Aparesh Kumar Singh, J. -
(1.) HEARD learned counsel for the parties.
(2.) THE petitioner is claiming payment of difference of salary with interest for the period from 01.01.1971 to 31.03.1973, which is said to be deposited in provident fund account. The petitioner was appointed as Assistant Teacher on 22.07.1967 in the Matric Trained Scale in Bangla Muslim Middle School, Sitaramdera, Jamshedpur and subsequently obtained I. A Trained Scale and B.A. Trained Scale. He has superannuated on 30.11.2006. It is contended by the petitioner that the school i.e. Bangla Muslim Middle School, Sitaramdera, Jamshedpur was taken over by the Government and the services of the employees including the petitioner were also taken over by the State Government as would be evident therefrom vide letter dated 16.01.1975, Annexure -2. It is submitted that though the school was taken over by the Government w.e.f. 01.01.1971, but the salary for the period 01.01.1971 to 31.03.1973 were not paid. An arrangement was made pursuant to the Government notification by which the amount of salary for the said period, which was approved by the Government, was deposited in GPF account of the Teachers by the concerned District Superintendent of Education. That amount still remains unpaid, according to the petitioner. The petitioner's representation has been forwarded vide Annexure -3 dated 23.02.2013 by the In -charge Principal of Rajendra Middle School, Telco, Jamshedpur. The petitioner has been compelled to move this Court since no decision has been taken on the aforesaid claim. The petitioner has relied upon the judgment rendered by this Court in the case of Jivan Chandra Mahto and Ors. vs. The State of Jharkhand & Ors. in W.P. (S) No. 3329 of 2008 along with analogous cases vide judgment dated 04.03.2009 in similar circumstances, contained at Annexure -1.
(3.) NO counter affidavit has been filed in the matter. Learned counsel for the respondent -State submits that the petitioner should approach the concerned respondent No. 5, the District Superintendent of Education, East Singhbhum, Jamshedpur and respondent No. 7, the District Provident Fund Officer, East Singhbhum, Jamshedpur with a fresh representation, which may be considered after due enquiry of his relevant service records as also the claim that the said amount was deposited in GPF account.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.