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| Court issues decree for recovery of Rs.74, 000 | | | EARLY TIMES REPORT
JAMMU, Oct 1: Principal District Judge Jammu, JR Kotwal issued decree for recovery of Rs 74624 in a recovery suit filed by Jagdev Singh Ex-Senior Assistant of the office of Tehsildar RS Pura on account of his leave salary for 300 days from August 2, 2000 to May 28, 2001 along with interest @ 12% PA.
The case of the plaintiff is that in the year 2000 he was posted as Senior Assistant in the office of the Tehsildar RS Pura and had availed 8 days earned leave from August 2, 2000 to August 9, 2000 on health ground, which was duly sanctioned by Tehsildar RS Pura. However, due to ill-health plaintiff was unable to resume his duty so he extended the leave by 290 days in piecemeal manner from August 10, 2000 to May 28, 2001. State however instead of sanctioning leave, which was due, framed charge of unauthorized absence from duty. The plaintiff approached the High Court and the Court vide judgment dated February 28, 2007 quashed the charge and directed that plaintiff be treated on earned leave from August 2, 2000 to May 28, 2001. In compliance with the judgment of the High Court, the Deputy Commissioner Jammu vide order April 9, 2007 treated the period of plaintiff absence as on earned leave and directed Tehsildar RS Pura to settle the case of the plaintiff. Tehsildar RS Pura vide his order dated April 20, 2007 accorded post-facto sanction to grant of 300 days earned leave in the favour of the plaintiff and further directed to draw and disburse his leave salary. However, in spite of that, Tehsildar RS Pura did not pay him the salary.
Principal District Judge, after considering the case of the plaintiff took serious note regarding the functioning of the officials and observed that it is beyond comprehension as to why the Tehsildar RS Pura did not pay the leave salary to the plaintiff after himself according sanction to the grant of leave in favour of plaintiff and left him high and dry. Unpleasant feature of the administrative apathy is that even a representation to the DC Jammu in the first instance, followed by the legal notice, the Tehsildar RS Pura did not bear the desired result. The Deputy Commissioner Jammu and Tehsildar RS Pura thus contributed their might in breeding, the uncalled for litigation thereby causing hardship to plaintiff burden on the court and loss to state exchequer by way of the cost of litigation and payment of interest to the plaintiff, which are understandable fall out of this uncalled for litigation. Since unjustified apathetic attitude has been shown to the plaintiff by the non paying him salary in spite of his seeking the favour of the Deputy Commissioner Jammu, so 12% interest, as prayed for by the plaintiff, is reasonable and admissible, the Court ordered and also burdened the defendants with the cost of the suit.. JNF |
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