•,.... I+ wr.: '` *_ . t ',. Serial No. of Order 4 1.7.2003 IN THE HIGH COURT OF SIKKIM ORDER SH.EET ....¥!r±.I.„g:.I.i.E±9.p..... i.€.} ........... NO. 1 9 Of i9S/ 2003 rashi Kant Fha Present Pet-itioner`Appe]lant Versus State o£ St]ckim & Others .......Respondent +Order with- Signature Petitibher, in. Kashi Kant Jha in person. Mr. N.-B. Khativada, AdditionalA-dvocate General assisted by Mr. J. 8. -Pradh-an,-Govt.Advocate forthe respondents. ' -'- Heard Mr. Kasini- Kant -Jha, the petitioner in person. Admit the petition. Let a notice be issued [up.on the respondents to show cause as to why Rule should not be issued as prayed for or why such order or orders which this Court deems it flt and proper should not be issued. Notice Gis made retumable on 28.7.2003.No forinal notice is called for as Mr. N. 8. Khatiwiada, learned Additional Advocate-General-assisted by Mr. J. 8. Pradhan, learned Government Advocate accepts notice on. behalf of the respondents. However, Mr. K. K. Jha shall supply 2 more extra copi`es of the writ petition to Pin. Pradhan> learned Government Advocate withi'n 2 days. The matter be listed on 28.7.2003 for necessary orders. 1.07.2003 Oflice Note as to aaf:i.O:|i8:3g| dhi wuLan :s _i::-i__-_ii-:-=__- Grfu . Af chvaJ<J lh±-iJ 6chApw`ioifethteL, 5S`6rmD.3 -A\ a. -7-200 Serial No. of Order order witL Signature The petitioner, KaslJ`.i Kaiit LTha is present. I-.e have heard him and the learned At]dl. Jldvocate General assisted by t}ie learneJ I?ovt. Acivocate. Grievatlcc- of +Uie petition`-3r in the T`,7rit petition ls based oil four differerit e't)u!i (i) tJo.ri-payment c>f salary for the period fr,.in i-9-2001 to 26-9-2001. In the report filed on behalf of the resoonderits 1 to 5. it has b€f:n state-t`] that the salary for the said period anouriting Rs.1456/-has been drawn vide r:heque t`rc>.015305 dated 23-7-2003. The saici r:heque inas bee.I handed over today in I_ _ _ ` the r?ourt the sale thereof . to the petition€-r..uj.He has receive-a arid subri-itted a receipt in token {ii) Second grievance of the p€tit.to is witii regarc3 to nc)A-fixing of his basic pay at Rs.6900/-per month. Office order tto.656/ aDE(S) dated 23-7-2003 at annexure A-1 shc)ws that his basic pay has alreati`,' b€-en-fi5€ed at F`s.6900/-per r.io!|th. (iii) .`r]n-pa`7n`ent of arrears of pay and allowailces ariouriti!ig to Rs.34. 392/-Checru bearing +ro.002656 dated 22-7-2003 for Rs.34,3 has been handed over to the petitionf-.:r in C`->urt which he has received. IIe would submit a receipt in token of lt. (iv) Fourth gric-vaticc i.g th2t the period fror,-t 16-4~2001 to 11-5-2001 has been treated as I.Cave Tvith`')ut Pay. In the re.)ort, it has now b(?en state-cS that the order has been varied and the same has been treated a.s half pay leave vide Of.flee Order TTo.6?1/frm(S) dated 19-7-2003. Office Note action (if taken on Order a¥)O S, 2/- Order with Signatu,reh Frori',` the aforesaid. it rT,.ay be seen that all the grievances of the 1)etitioner have been du]_y pr,et and nothing h;qs no\`r survives for decision c>f this Cf`.urt. The ipefition€3r. however, subr,-Iits that his subsisterice: allowanr.:e should b€` fixed 'on the basis of his basic pay at Rs.6900/-per month. Learned Adc]l. j``dvoca General assures that the rl.,atter will be before the apT>ror>riate authorit:7. 4€ i¢ith the;o*€,rvati`]ns and dirf=rtiTS. T``\7rit i`]etitit>n is disposed. of . (p..T,.B#, Chief d\istice 28-7-2003 . rarii Singh) 28-7-2003. t:&tej:notn{foaraye,I OfficeNot9 as to ;