- (1.) THE petitioner in this writ application, has prayed for a direction to the respondents to pay forthwith the retiral benefits including the pension, provident fund, gratuity, leave salary and other allowances including arrears of salary for the period from August 2004 to April 2006, together with interest and penal interest @18% per annum from the date of retirement, till the actual payment.
(2.) HEARD Shri A.K. Sahani, learned counsel for the petitioner and JC to Sr. SC -II for the respondents. The petitioner was employed under the respondent Jamshedpur Co -operative Stores Limited. Though, since the date of his appointment in November 1968, he used to receive his salary every month regularly up to March 2004, but thereafter, consequent upon appointment of the Deputy Commissioner as Administrator of the Co -operative Stores and Executive Officer of the Co - operative Stores, payment of the petitioner's salary was disturbed. When the petitioner agitated over non -payment of his salary, he was put under suspension. Ultimately, his services were terminated on 21.7.2004 by the order of the Executive Officer of the Stores. The dispute regarding the petitioner's termination was referred to the Deputy Commissioner, who entrusted the matter to the Deputy Registrar, Co -operative Societies to conduct an inquiry and submit a report. The Inquiry Report submitted by the Deputy Registrar, confirmed that the order of the petitioner's termination from service was illegal. In spite of the favourable report submitted by the Deputy Registrar when the petitioner and several others were not reinstated in service, the petitioner and other employees filed a writ application before this court vide W.P.(S) No. 5480 of 2005. While disposing of the writ application vide order dated 25.1.2006, this court had directed the Deputy Commissioner, East Singhbhum, Jamshedpur to take an appropriate decision regarding the petitioner's reinstatement in service and to pass appropriate order after taking into consideration the Inquiry Report submitted by the Deputy Registrar, Co -operative Societies.
(3.) THE Deputy Commissioner had thereafter passed order on 2.5.2006 (Annexure -2) whereby it was ordered that the petitioner and several other employees are reinstated in service with effect from 2.5.2006. The said order was subsequently amended by another order dated 2.5.2006 whereby order of reinstatement was modified with a condition that the employees would not claim or receive any salary for the period during which they were out of service, on the principle of "No Work No Pay".;