The need for proper certification of records and submission of supporting documents to ascertain the factual position regarding the payment of arrears of salary.

By the Court. – Heard learned counsel for the parties.

2. According to the petitioner, he was terminated vide order dated 7.8.2001, Annexure-4, issued by the Regional Director, Animal Husbandry Department, South Chhotanagpur Region. Ranchi, from the post of Technical Assistant from Sub-centre, Chachu, Garu Block, District Palamau on the ground that initial appointment made by Regional Deputy Director was without jurisdiction and authority of law. However, as per the order of Director, Animal Husbandry Department, Government of Bihar such persons like the petitioner were directed to be paid arrears of salary for the period they worked till the termination as also by the order dated 7.8.2001 issued by the Regional Director, Animal Husbandry Department South Chhotanagpur Region, Ranchi dated 7.8.2001, Annexure-4.

3. Learned counsel for the petitioner submits by referring to Annexure-6 issued by the Regional Joint Director, Animal Husbandry Department, South Chhotanapur Region, Ranchi addressed to Deputy Secretary Animal Husbandry and Fishery Department. Government of Jharkhand, Ranchi dated 28.1.2008 that arrears of salary of such persons including the petitioner have been Shown by way of calculation chart enclosed thereunder as per which a sum of Rs. 2,69,775.25/- has been found to be due on account of arrears of salary to the present petitioner. It is submitted that in similar circumstances when another person approached this Court, a direction was issued vide order dated 12.11.2003 in W.P. (C) No. 5402 of 2002 (Annexure-5) to release the salary legally payable to the said person within a certain period. Learned counsel for the petitioner, therefore, submits that there is no basis to withhold the arrears of salary for the period April, 1996 till 7.8.2001 on which date he was terminated.

4. Learned counsel for the respondents, on the other hand, while relying upon the averments made in the counter-affidavit filed by the respondent No. 1, District Animal Husbandry Officer, Palamau, submits that petitioner was holding the charge of Sub-Centre, Chachu and was responsible for maintenance of attendance register also for the period he was working there. However, he has failed to furnish attendance register on the basis of which absentee arrears of salary of the petitioner for the relevant period can be calculated. It is submitted that the petitioner has been communicated vide order dated 26.2.2011 to furnish all documents so that the proper action should be taken for the payment of arrears of salary.

5. I have heard learned counsel for the petitioner as well as State and have gone through the relevant materials on records. The petitioner, admittedly, was terminated on 7.8.2001 by the order of Regional Director, Animal Husbandry Department, South Chhotanagpur, Region, Ranchi on stipulation that arrears of salary of such terminated persons could be paid till the date of termination as per rules. The petitioner has relied 'upon Annexure-6 being a Communication issued by the Regional Joint Director, Animal Husbandry Department. South Chhotanagpur, Region, Ranchi addressed to the Deputy Secretary, Animal Husbandry and Fishery Department, Government of Jharkhand, Ranchi showing arrears of salary Rs. 2,69,775.25/-. However, the respondents have taken a stand that the petitioner is required to submit proof of discharging his duty at the relevant place of posting at Chachu, Garu Block, District-Palamau by furnishing attendance register. In the aforesaid facts, therefore, it appears that the issue is required to be ascertained on proper certification of records and upon furnishing of all such supporting documents by the petitioner in support of his claim for payment of salary for the aforesaid period. In such circumstances, this Court instead of issuing any specific direction, allows the petitioner to prefer a fresh representation before respondent No.2. Secretary-cum-Commissioner, Animal Husbandry and Fishery Department, Government of Jharkh