Case Law Details
Bhavesh Kant Jha Vs State of Jharkhand (Jharkhand High Court)
Introduction: The case of Bhavesh Kant Jha versus the State of Jharkhand, heard in the Jharkhand High Court, has significant implications for labor law and employee rights. The dispute revolves around the wrongful termination of Mr. Jha and the subsequent denial of his salary for a period of 19 years.
Detailed Analysis: The petitioner, represented by Mr. Jai Prakash Jha, Senior Counsel, argued that Bhavesh Kant Jha was appointed as a clerk-cum-cashier under a pilot project center in Pakur in 1984. Despite his services being confirmed and receiving time-bound promotions, controversy arose in 1998 regarding his appointment along with two others. The State of Bihar halted salary payments and initiated termination proceedings against Mr. Jha. However, in 2016, the High Court set aside his termination, directing a fresh decision.
Despite this, in 2020, an order was passed denying Mr. Jha’s salary for the period from April 1998 to April 2017, citing his non-employment during that time. The respondent argued that Mr. Jha had not worked during this period, justifying the non-payment of salary. However, it was contended that the earlier termination order was deemed illegal, and Mr. Jha should not be penalized for the period he was wrongfully prevented from working.
The court, relying on legal precedent and considering the circumstances of the case, quashed the 2020 order and directed the state to release Mr. Jha’s salary for the entire period in question.
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