SITA RAM KUMHAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-8-92
HIGH COURT OF JHARKHAND
Decided on August 26,2009

Sita Ram Kumhar Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THE Secretary, Human Resources Development Department, Govt. of Jharkhand (Opposite Party No. 3) is physically present in court today in compliance with the order dated passed on 12.8.2009.
(2.) SHOW -cause replies have been filed on behalf of the opposite party no. 3, explaining the factual position regarding compliance of the court's orders passed in CWJC No. 2776 of 1994(R) and LPA No. 270 of 2004. It is explained that pursuant to the orders passed by the Single Bench in CWJC No. 2776 of 1994(R) on 28.7.1997, the respondents have released and paid a sum of Rs. 5,78,723/ - to the petitioner, after assessing the sum payable to him, by way of salary from 1980 onwards.
(3.) AS regards the petitioner's claim for salary for the period prior to 1980 i.e. from 21.5.1974 the date on which he joined service, it is explained that Service Book of the petitioner is not available with the respondent authorities. The Secretary (Opposite Party No. 3) would explain in person that, as per the Circular issued by the Education Department, a practice has been adopted and has been maintained for more than 15 years, by which teachers are supposed to maintain their Service Book. Service Book of the petitioner, if any, is therefore expected to be with the petitioner himself.;


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