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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Alphonse Topno, son of John Topno – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard the learned counsel for the parties.
2. The Petitioners herein have filed the instant writ Petition, inter-alia, praying therein for quashing the order dated 11.11.2014 (Annexure-13); issued under Memo No. 2083 by the Secretary, Human Resources Development Department, whereby the petitioners’ representation filed pursuant to this Court’s order dated 06.01.2014 in W.P.(S) No. 7516 of 2012 has been rejected, and for a further direction upon the respondent-authorities to release the petitioners’ arrears of salary for the periods February 1999 to May 2000 and February 2003 to October 2007, as well as to duly fix their pension and pay all consequential retiral dues, including pension, gratuity and leave encashment.
3. Brief Facts; -
(i) The Jayanti High School, Gangutoli, established by a minority community, was granted establishment permission vide Memo No. 4462-65 (Annexure-1) and was subsequently accorded permanent recognition on 04.04.1979 vide Memo No. 7753-58 (Annexure-2). Petitioner No. 1’s pay scale was fixed vide order dated 14.07.1980 (Annexure-3), and the State Govt. decided to pay the salary of all teaching and non- teaching employees of the
The doctrine of relation back applies in service matters, allowing for retrospective salary payments to employees whose initial appointments are validated despite previous administrative interruption....
Employees of fully aided minority educational institutions are entitled to retirement benefits under the relevant rules and orders, as established by case laws.
Employees cannot be denied salary or retiral benefits for prior approved service due to later administrative inquiries questioning appointment validity.
The court established that the principle of parity in pay and allowances between government and minority school teachers is constitutionally mandated, and any deviation from this principle without a ....
The court affirmed the principle that school staff must receive due salary and benefits unless proven otherwise, emphasizing continuity of service without interruption or unjust denial.
Entitlement to salary arrears and pension benefits reinforced by judicial orders under Assam Services Pension Rules in cases of continued administrative failure to comply with court directives.
Court ruled that the petitioner is entitled to salary arrears from the date of joining, recognizing a continuing wrong due to administrative delays in compliance with prior judicial orders.
The court allowed recovery of salary arrears due to continuing wrong despite delays, emphasizing entitlement to pension benefits.
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