S.N.PATHAK,J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner has approached this Court with a prayer for quashing of Memo No. 151(B) dated 15.03.2008 (Annexure-7) issued by the Deputy Commissioner, West Singhbhum, Chaibasa and also for quashing of letter vide Memo No. 347. dated 15.03.2008 (Annexure-7/1) issued by the Block Development Officer, Sadar, Chaibasa by which the claim of the petitioner for grant of arrear of salary for the period from 04.10.1991 to 12.05.1999 has been rejected without any rhyme and reason. The petitioner has further prayed for payment of arrears of salary for the period from 06.02.1991 to 12.05.1999 not from 04.10.1991 to 12.5.1999.
(3.) Factual Matrix Petitioner was working as Village Level Worker under the respondents and superannuated on 30.06.2007. He was put under suspension on 18.12.1985 in a contemplated departmental proceeding, subsequently on 11.08.1986 a charge-sheet was served upon him and the petitioner filed a detailed reply against the charges on 02.03.1987 and on consideration of the same, suspension order of petitioner was revoked, on 04.03.1987. The respondent-authorities passed an order of dismissal dated 06.02.1991 which was challenged before the Hon'ble Court in C.W.J.C. No. 2627 of 1992(R) by which the case was disposed of with a direction to the Deputy Commissioner for initiation of departmental proceeding from the stage of filing reply to the charges and after giving reasonable opportunity of hearing to the petitioner, pass final order within a period of four months from the date of receipt of the order and the impugned order of dismissal of the petitioner from service was quashed and the matter was remitted back to the Deputy Commissioner, Singhbhum, West. It is stated that the order of Hon'ble Court was complied with, then the petitioner moved before the Hon'ble Court by filing contempt petition being M.J.C. No. 373 of 2001 which was disposed of on 18.09.2001 thereafter in pursuance of the order passed by this Court in M.J.C. No. 373 of 2001, the order of this Court had been complied with and, hence, the proceeding was dropped and the services of the petitioner was regularized from 06.02.1991 to 12.05.1999 but, the salary for the aforesaid period has been paid to the petitioner till date and subsequently the petitioner was also directed to deposit Rs. 34,359.35 with 10% interest. It is brought to the knowledge of the Court that petitioner has already deposited the amount on 20.10.2003 but, the petitioner was impelled to deposit the same, then only the salary will be released but, in spite of that, the salary has been paid to the petitioner by the respondents nor salary for the period during which the petitioner was put under suspension, has been paid to the petitioner. The petitioner continuously made representation for payment of his salary from 1991 to 1999, and for the salary for the period during which he was put under suspension, but no heed has been paid towards the representation of the petitioner and the petitioner again filed representation before the respondent-authority on 11.8.2005 tor redressal of his grievance but, no order was passed. The petitioner preferred a writ application before the Hon'ble Court bearing W.P.(S) No. 1037 of 2006 and the Hon'ble Court vide its order dated 13.04.2006 has disposed of the matter with following observations:- "In the facts and circumstances, the case is remitted with a direction to the respondents to decide the claim of the petitioner by reasoned order within two months from the date of receipt of representation, as may be preferred by the petitioner. The admitted amount, it found payable to the petitioner, the authority will pay it within a month thereof. On the other hand, if the authority disputes any claim, he will communicate the ground(s) to the petitioner. The writ petition stands disposed of." The petitioner again made representation before respondent-authorities on 8.5.2006 giving details regarding due salary from 6.2.1991 to 12.5.1999 and due salary tor the period of suspension i.e. 18.12.1991 (sic-1985?) to 16.12.1986. The respondent-authorities vide Memo No. 151(B) dated 15.3.2008 and vide Memo No. 347 dated 15.3.2008, passed an order to the effect that extraordinary leave has been granted to the petitioner for the aforesaid period, hence, the petitioner is entitled to get salary as per the Rules. The petitioner being aggrieved of the aforesaid order has preferred this writ petition.;