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2008 Supreme(Jhk) 71

IN THE HIGH COURT OF JHARKHAND
M.Y. Eqbal, J.
Ram Bahadur Bhagat – Appellants.
Vs.
State of Jharkhand and Ors. – Respondent
Decided On : 28.01.2008

The main legal principle established is the obligation of the authorities to consider and decide on the entitlement of an individual for salary payment after joining a state following its bifurcation.

Headnote:

Salary Payment - Joining after State Bifurcation - The court directed the authorities to consider and dispose of the petitioner's representation for salary payment after joining the State of Bihar following the bifurcation of the State.

Fact of the Case:

The petitioner sought payment of salary for a specific period after joining the State of Bihar following its bifurcation. The petitioner had submitted a representation, which had not been disposed of by the authorities.

Finding of the Court:

The court disposed of the writ application with a direction to the authorities to consider and dispose of the petitioner's representation by passing a reasoned order on the entitlement for getting salary.

Issues: The issue was the petitioner's entitlement to salary payment for the period after joining the State of Bihar following its bifurcation.

Ratio Decidendi: The court emphasized the need for the authorities to consider and decide the petitioner's entitlement for salary payment after joining the State of Bihar, following the bifurcation of the State.

Final Decision: The court directed the authorities to consider and dispose of the petitioner's representation for salary payment after joining the State of Bihar following the bifurcation of the State.

ORDER

M.Y. Eqbal, J.

1. The petitioner seeks a direction for payment of salary from 13.1.2005 to 28.6.2005 on the ground, inter alia, that after bifurcation of the State there was some doubt with regard to joining of the petition and, therefore, pursuant to the order dated 16.6.2005 passed by this Court in WPS No. 1938/2005 the petitioner submitted his joining in the petitioner submitted his joining in the State of Bihar on 28.6.2005. After joining the petitioner filed a representation before the authority. It is said that till date the representation has not been disposed of.

2. In the background of the aforesaid facts I dispose of this writ application with direction to respondent No. 2 and/or respondent No. 4 whoever may be competent, to consider and dispose of the representation of the petitioner by passing reasoned order deciding the entitlement of the petitioner for getting salary.

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