JUDGEMENT
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(1.) Pursuant to the order dated 29/10/2009, the District
Superintendent of Education, Jamshedpur is present in person and he
has also filed his show cause. In his show cause, after tendering
unqualified apology, it has been stated by him that he joined the office
of the District Superintendent of Education, Jamshedpur only on
23/09/2009 and, thereafter, he took immediate steps to comply the
order dated 14/07/2008 passed by this Court in W.P.S. No. 315 of
2008. It is further stated that both the petitioners have now been paid
their all legal dues.
(2.) It appears that the amount legally payable to the
petitioners have been paid to them only on 05/11/2009 whereas the
writ petition was disposed of on 14/07/2008 and the petitioners retired
from service in the year 2002 and 2004 respectively and for this period
of 5 to 7 years they have been deprived of their legitimate dues.
Therefore, there is no dispute that after an inordinate delay the amount
legally payable to the petitioners has been paid to them.
However, in view of consideration of the fact that this
District Superintendent of Education, Jamshedpur, joined only on
23/09/2009 and, thereafter, he took prompt steps to comply the order
passed by this Court and, therefore, though this Court was initially
inclined to award heavy cost against the State but considering the facts
stated above, no cost is being awarded. However, the District
Superintendent of Education, Jamshedpur is being asked to be very
careful in future and he should attend the order and directions passed
by this Court whenever it is served on him.
(3.) The show cause filed by the District Superintendent of
Education, Jamshedpur is hereby accepted and his personal
appearance is hereby dispensed with.;
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