N.N. Tiwari, J. - (1.) The petitioner has sought direction on the respondents to pay the salary for the period from 13.1.1998 to 9.3.1998 i.e. the period during which the petitioner was put under suspension and there was no contrary order for withholding his salary: to pay 25% of the balance arrears of salary from 10.3.1998 to 22.1.2003: annual increment from 1998 to June, 2004: to fix his pension accordingly: to calculate his service period from the date of his first appointment i.e. February 1, 1968 and to pay gratuity and other admissible benefits with statutory interest. It has been stated that the petitioner was initially appointed in Jharia Coal-Fields Electric Supply Company Private Limited, Dhanbad. The company was then managed by private management, In 1971, the said Company was taken over by the respondents with its employees.
(2.) The petitioner, who was initially appointed on February 1, 1968, became the employee of the respondents after the company was taken over and he was entitled to get the benefits from the said date of his initial appointment but the respondents have arbitrarily calculated all the benefits taking the date of appointment as April 30, 1971 i.e. the date when the Company was taken over by the respondents. The petitioner was put under suspension from 13.1.1998 to 9.3.1998. His suspension was revoked without any adverse order for withholding the salary for the said period of suspension or that except the subsistence allowance, nothing was paid to him. The petitioner is, thus, entitled to get salary from the said period. The petitioner's 25% salary was curtailed for the period from 10.3.1998 to 22.1.2003 and he is also entitled for 25% balance amount of the said period. The petitioner is further entitled to get annual increment but the same was not paid for the period from 1998 to June 2004. Even after retirement of the petitioner on 30.6.2004, pension and gratuity have not been paid to him in spite of several requests and representation before the concerned respondents.
(3.) Learned counsel appearing on behalf of the respondents submitted that the petitioner's representation shall be considered by the competent authority and appropriate order shall be passed and if the claim of the petitioner found admissible, the benefits of the same shall be paid to him.;