Jharkhand High Court
Syed Asrar Ahmad vs Human Resources Department on 14 November, 2017
Author: S.N. Pathak
Bench: S. N. Pathak
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5781 of 2017
Syed Asrar Ahmad ..... ...... Petitioner
Vs.
1. The State of Jharkhand through the Secretary, Human Resources
Development Department, Govt. of Jharkhand, Ranchi
2. The Director, Primary Education, School Education & Literacy Department,
Govt. of Jharkhand, Ranchi
3. The District Superintendent of Education, Ranchi
4. The Headmaster-cum-Drawing & Disbursing Authority, Govt. Middle School,
Chadri, Ranchi .. .... Respondents
CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK
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For Petitioner : Mr. Vishal Kr. Tiwary, Advocate
Ms. Kirti Saboo, Advocate
For Respondents : Mr. Kanchan Kumari, JC to AAG
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04/ 14.11.2017The petitioner has approached this Court with a prayer for directing the concerned respondents for making payment of the arrears of salary of the petitioner for the period from 23.09.2011 to 28.02.2014, which has not been paid to him. Further prayer has been made to direct the respondents for regularizing the services of the petitioner from 23.09.2011 to 07.02.2012, as the petitioner was waiting for posting after inter-State Mutual Transfer and as such, the payment for salary of the Waiting for Posting period can only be paid after the regularization of the services.
Factual Matrix:-
The petitioner joined on 18.12.1995 as Assistant Teacher in Govt. Primary School, Bhimine, Khaira Block, District Jamui, Bihar. Thereafter, the petitioner was transferred to Govt. Primary School, Maktab, Hardih, Jamui and joined the said school on 26.10.2007. It is the case of the petitioner that by the Inter State Mutual Transfer, which was done in light of Section 3 of Bihar Reorganisation Act, 2000, the petitioner was mutually transferred to the State of Jharkhand vide order dated 30th June, 2011, issued from the Department of Home (Special) Department, Govt. of Bihar. The petitioner was mutually transferred to the State of Jharkhand, as such the petitioner was relieved to join the transferred State from the Office of District Superintendent of Education, Jamui (Bihar) vide Letter dated 22.09.2011, wherein the petitioner was directed to join in the Office of Director, Primary Education, Jharkhand, Human Resources Development Department, Govt. of Jharkhand, Ranchi. Subsequently, on 23.09.2011, petitioner gave his joining in the Office of Director, Primary Education, Govt. of Jharkhand. Thereafter, the petitioner was finally given District Posting at Ranchi on 06.02.2012 vide letter dated 13.12.2012, issued by the District Superintendent of Education, Ranchi. On 08.02.2012, the petitioner gave his joining in the Office of District Superintendent of Education, Ranchi. Thereafter, vide letter dated 30.07.2012 issued by the Office of the District Superintendent of Education, Ranchi, the petitioner was given posting to Govt. Primary School (Urdu), Morahabadi, Ranchi-
1. Pursuant thereto, the petitioner joined the said school but he did not get his salary from 23.09.2011 to 06.02.2012.
It is the specific case of the petitioner that the petitioner was waiting for posting at the Office of Director, Primary Education, Jharkhand from 23.09.2011 to 06.02.2012 and as such, the said period should be regularized and salary of the said period be paid to the petitioner, when the no order was passed, the petitioner represented before the respondents i.e. Director, Primary Education, Human Resources Development, Department, Govt. of Jharkhand, Ranchi. The petitioner also represented before the District Superintendent of Education, Jharkhand for giving Absentee Statement and service book so that the payment of salary as well as pay fixation can be done properly. Though the petitioner is getting salary from the month of March, 2014 onwards but neither he was paid the arrears of salary from 23.09.2011 to 28.02.2014 nor the period for which he was waiting for posting was regularized. The petitioner gave several representations before the respondents for regularization of his services and also for payment of arrears of salary but the same has not been paid to him till date and hence the petitioner has been compelled to knock the door of this Court.
Learned counsel for the petitioner submits that the respondents have illegally and arbitrarily withheld the salary of the petitioner for the period of his waiting for posting and also said period was not even regularized. in spite of the several communications between the department, the services of the petitioner has not been regularized, neither he has been paid the arrears of salary. Learned counsel argues that services of other similarly situated persons have already been regularized after getting orders of this Hon'ble Court passed in several writ petitions filed by other similarly situated persons but in the case of the petitioner respondents are sitting tight over the matter and are not regularising the services of the petitioner nor having paid the arrears of salary to the petitioner. Learned counsel draws the attention of the court that this case is squarely covered by the judgment passed by this Hon'ble Court in case of Yamuna Giri Vs. State of Jharkhand & Ors. in W.P.(S) No. 7531 of 2012 and Madhu Kumari Vs. The State of Jharkhand & Ors. in W.P.(S) No. 5606 of 2017. Learned counsel further argues that in view of these judgments, the issue has already been decided and the arrears of salary has also been paid to the petitioners, a direction may be given to the respondents to consider the case of the petitioner and to pass a suitable order in accordance with law taking into consideration the aforesaid judgments.
Per contra, no counter-affidavit has been filed by the respondents. Learned counsel for the respondents vehemently opposes the contention advanced by the learned counsel for the petitioner and submits that as the petitioner has not worked for that period, he was not entitled for the salary of that period and as such, the services cannot be regularized for that period. However, the said period shall be counted for the purpose of fixation of his pension and other retiral dues. However, learned counsel fairly submits that he has no objection if this case be disposed of in the light of judgment passed in case of Yamuna Giri Vs. State of Jharkhand & Ors. in W.P.(S) No. 7531 of 2012 and Madhu Kumari Vs. The State of Jharkhand & Ors. in W.P.(S) No. 5606 of 2017.
Be that as it may having gone through the rival submissions of the parties this court is of the considered view that case of the petitioner needs consideration. It is admitted fact that the petitioner was allowed to join without any demur. In view of acceptance of joining without any objection or condition and also that the petitioner was kept waiting for posting for no fault. The salary for the said period cannot be denied to the petitioner. The similar issue fell for consideration before this Hon'ble court in W.P.(S) No. 7531 of 2012 in Yamuna Giri Vs. State of Jharkhand and Ors., W.P.(S) No. 4319 of 2015 disposed of on 15.09.2015, W.P. (S) No. 3989 of 2015 disposed of on 06.10.2016, W.P.(S) No. 5481 of 2015 disposed of on 25.11.2016 and in W.P. (S) No. 5606 of 2017, the Hon'ble court after considering the aforesaid aspects that the petitioner was not at fault and was kept waiting for posting for no fault of his, the salary for the intervening period cannot be denied to the petitioner.
As a cumulative effect of the aforesaid rules/guidelines/observations and judicial pronouncements, I hereby direct the respondents to regularize the services of the petitioner for the period from 23.09.2011 to 07.02.2012 and to pay the arrears of salary for the said period, within six weeks from the date of receipt/production of a copy of this order.
With the aforesaid observations, the present writ petition is disposed of.
(Dr. S.N. Pathak, J.) punit/