Advocates:
['AMIT KUMAR DAS', '', 'ARBIND KUMAR', 'CHANDRAJIT MUKHERJEE', 'RAJIV RANJAN A A G', '', 'JAI PRAKASH', 'A A G', 'S P ROY G A -BIHAR']

Page 1 of 8

W.P.(S.) Nos. 7056 of 2011 & 3813 of 2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(S.) No. 3813 of 2013

Sanika Nayak, S/o Late Soma Nayak, retired Assistant, District

Rural Development Agency, Simdega, resident of Village-Hasa, P.O.

& P.S.-Murhu, District-Khunti, PIN-835216 (Jharkhand).

…

...

Petitioner

Versus

1.

The State of Jharkhand through the Principal Secretary,

Government of Jharkhand, Rural Development Department,

Jharkhand Mantralaya, P.O. & P.S. –Dhurwa, Town & District-

Ranchi-834004 (Jharkhand).

2.

The Deputy Commissioner, Simdega, At, P.O., P.S. & District-

Simdega-835223 (Jharkhand).

3.

The Deputy Development Commissioner, Simdega, At P.O.,

P.S. & District-Simdega-835223 (jharkhnad).

4.

The

State of

Bihar

through

the

Principal

Secretary,

Government f Bihar, Rural Development Department, Patna-800001

(Bihar).

5.

The Managing Director, Bihar Panchayati Raj Finance

Corporation Ltd., Vikas Bhawan, New Secretariat, Patna-800001

(Bihar).

…

…

Respondents

with

W.P.(S.) No. 7056 of 2011

Surendra Paswan, Son of Late Chamari Paswan, Resident of Village

Gulani, P.O. Bhokilapar, P.S. Hilso, District Nalanda.

…

…

Petitioner

Versus

1.

The State of Jharkhand.

2.

Secretary, Rural Development Department (Panchayat Raj),

Directorate, Government of Jharkhand, Ranchi.

3.

Deputy Development Commissioner, Rural Development

Department, Bokaro.

4.

Deputy Commissioner, Bokaro.

5.

The State of Bihar through its Secretary, Rural Development

Department, Vikash Bhawan, New Secretariat, P.O. & P.S. Beli Road,

Patna.

6.

The Managing Director, Bihar Panchayat Raj, Finance

Corporation, Vikash Bhawan, New Secretariat, P.O. & P.S. Beli

Road, Patna.

…

…

Respondents

--------

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

--------

For the Petitioner

: Mr. Arvind Kr. Singh, Advocate

(in W.P.(S) No. 3813 of 2013)

Mrs. Swati Shalini, Advocate

Page 2 of 8

W.P.(S.) Nos. 7056 of 2011 & 3813 of 2013

(in W.P.(S) No. 7056 of 2011)

For the Respondents

: Mr. Pankaj Kumar, J.C. to G.A. Bihar

Mr. R.K. Shahi, A.C. to A.A.G.

(in W.P.(S) No. 3813 of 2013)

Mr. Yogesh Modi, A.C. to A.A.G.

(in W.P.(S) No. 7056 of 2011)

--------

Order No. 08 : Dated: 27^th June, 2019

Per Sanjay Kumar Dwivedi, J.:

1.

Heard Mr. Arvind Kr. Singh, learned counsel appearing for

the petitioner and Mr. R.K. Sahi, learned A.C. to A.A.G. in W.P.(S)

No. 3813 of 2013, Mrs. Swati Shalini, learned counsel appearing for

the petitioner and Mr. Yogesh Modi, learned A.C. to A.A.G. in

W.P.(S) No. 7056 of 2011 and Mr. Pankaj Kumar, learned J.C. to G.A

Bihar in both the writ petitions.

2.

As in both the writ petitions common issues are involved,

therefore, these writ petitions are hjeard together and being

disposed of with common judgment.

3.

The petitioners have preferred these writ petitions for

payment of full and final gratuity, leave encashment of 300 days (in

W.P.(S) No. 3813 of 2013) and for 200 days (in W.P.(S) No. 7056 of

2011) of unutilized earned leave on the basis of last emoluments and

for grant of A.C.P.

4.

Learned counsel for the petitioner (in W.P.(S) No. 3813 of

2013) submits that the petitioner was initially appointed as a Peon

on 01.02.1977 under the Bihar Panchayati Raj Finance Corporation

Ltd. and he was posted at Chaibasa. The petitioner has served the

said respondent corporation at Giridih in the State of Jharkhand

before the bifurcation of the State of Bihar and he also worked in the

place which is now falls under the State of Jharkhand. Due to

financial impediment the corporation was not able to pay salary to

the petitioner along with the other employees for a considerable

long time and then the Government of Bihar, Rural Development

Department (Directorate of Panchayati Raj) accordingly, took a

P