DAYANAND MISHRA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-11-188
HIGH COURT OF JHARKHAND
Decided on November 26,2009

Dayanand Mishra Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State.
(2.) LEARNED counsel appearing for the petitioner submits that while the petitioner was posted as Immunator in the Primary Health Centre, Raneshwar in the district of Dumka, he was not paid his salary for the period from February, 1999 to May, 2002, as a result of which a sum of Rs. 1,48,002 / - became due to be paid to the petitioner for which the petitioner on several occasions made representations before the concerned authority but the same has not been paid on the plea that allotment was not there for making payment to the petitioner. Learned counsel further adds that even after passing off more than seven years, the respondent has been taking the same stand as it has been stated in the counter affidavit that the aforesaid amount is to be paid after allotment is made with the approval of the Finance Department, Government of Jharkhand.
(3.) IT is well settled that non -allotment of the amount cannot be a ground for non -payment of the salary due to be paid to the Government employee.;


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