Patna High Court - Orders
Sham Narayan Rai vs The State Of Bihar &Amp; Ors on 9 August, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3158 of 2010
1. SHAM NARAYAN RAI S/O LATE BASUDEO RAI R/O MOH.- GOVIND NAGAR (
TAMKOHI RAJ ), P.O.- TAMKOHI RAJ, DISTT.- KUSINAGAR, UTTAR
PRADESH
Versus
1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY OLD
SECRETARIAT, GOVT. OF BIHAR
2. THE COMMISSIONER, SARAN DIVISION CHAPRA
3. THE DISTRICT MAGISTRATE GOPALGANJ
4. THE DEPUTY COLLECTOR, ESTABLISHMENT DISTT.- GOPALGANJ
5. THE D.C.L.R. HATHUA SUB-DIVISION DISTT.- GOPALGANJ
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3/ 09/08/2010Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner came to this Court earlier in C.W.J.C. No.5614/09 with a claim that his salary was being denied since July,2008 and his representation dated 20.3.2009 remains unattended. This Court noticed that the petitioner had been permitted to draw his salary from Manjha Block after taking into account the absentee statement. Liberty was given to him to represent if he was aggrieved. The petitioner filed a representation on 15.5.2009. That has been rejected by the impugned order.
The impugned order states that the petitioner was appointed on 11.2.1986 in the Madhubani Collectorate. An inter Division transfer led to his assignment at the Gopalganj Collectorate. In the District Development Cell there was no post of Stenographer, but he was appointed in the interest of work. He was directed -2- to draw his salary from Manjha Block.
The order then goes on to discuss his inefficiency as a Stenographer which is not relevant for the present controversy.
Suffice it to say that a Government servant is entitled to draw his salary from the office where he is posted. He cannot be posted at one place and be asked to draw his salary from another place. The petitioner is held entitled to draw his salary from his present place of posting. Any direction to him to collect his salary from a place other than where he is working shall automatically entitle him to traveling allowance to go to the other place to collect his salary as also leave which will not be calculated towards his leave entitlement as he shall be deemed to be on duty when he goes to collect the salary.
This Court expects that the petitioner shall now be paid his arrears of salary and current salary in accordance with failing which this Court may be compelled to take a very serious view of the matter inclusive of the questions of interest on the legitimate dues.
The writ application stands disposed.
KC ( Navin Sinha, J.)