NOOR HASSAN KHAN Vs. STATE OF JHARKHAND : SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF JHARKHAND
LAWS(JHAR)-2009-8-149
HIGH COURT OF JHARKHAND
Decided on August 10,2009

Noor Hassan Khan Appellant
VERSUS
State Of Jharkhand : Secretary, Department Of Home, Government Of Jharkhand : Director General Of Police, Department Of Home, Government Of Jharkhand : Respondents

JUDGEMENT

- (1.) HEARD Sri A.K.Das, learned counsel for the petitioner and counsel for the respondent State of Bihar as well as J.C. to Sr. S.C. -II for the respondent State of Jharkhand.
(2.) THE petitioner in this writ application has prayed for a direction to the Respondent No. 8 namely the Superintendent of Police, Rohtas, Government of Bihar to send the petitioner's Service Book and his Last Pay Certificate to concerned authorities of the State of Jharkhand to enable the petitioner to draw his arrears of salary from the concerned department of the State of Jharkhand. A further prayer has been made to direct the Respondent No. 1 to 4 to immediately and forthwith release the arrears of salary due to the petitioner and to make payment of the retiral dues of the petitioner including Leave Encashment, Group Insurance, Gratuity, Provident Fund and Pension together with interest at an appropriate rate. The petitioner was employed in the Police Department of the State Government and was earlier posted in the district of Rohtas (Bihar) as a Sub - Inspector of Police. Later, on the bifurcation of the erstwhile State of Bihar, he was allotted the Jharkhand Cadre. Upon such allotment of the Jharkhand Cadre, he was released from his office at Rohtas and thereafter he had joined his posting at Special Branch, Ranchi.
(3.) THOUGH he had joined his posting in the State of Jharkhand, but his salary was paid only on the basis of his basic pay awaiting receipt of his Service Book and the Last Pay Certificate. The petitioner moved the concerned authorities including the Respondent No. 8 to transmit his Service Book and his Last Pay Certificate. In response, the Respondent No. 8 had directed the Accounts Department to transmit the Service Book and the Last Pay Certificate of the petitioner to the concerned authorities of the State of Jharkhand, but this direction was not complied with by the concerned Accounts Department. Being left with no other option, the petitioner had to file the instant writ application.;


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