Jharkhand High Court
Rajesh Kumar Verma vs Agriculture And Sugar Cane Development on 5 August, 2015
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(S). No.3619 of 2013
Rajesh Kumar Verma ....... Petitioner
Versus
1.The State of Jharkhand through the Secretary, Dept. of Agriculture
& Sugarcane Development, Ranchi
2.The Director of Agriculture & Sugarcane Development
Department, Ranchi
3.The Deputy Director, Agriculture and Sugarcane Development
Department, Ranchi
4.The Assistant Soil Chemist, Soil Testing Laboratory, Ranchi
5.The Sub-Divisional Agriculture Officer, Sahebganj
6.District Agriculture Officer, Ranchi
7.District Agriculture Officer, Sahebganj
..... Respondents
.......
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Petitioners : Mr. Rahul Kumar
For the Respondents : Mrs. Chaitali C. Sinha, J.C to Mr. Jai Prakash, AAG
05/05.08.2015Learned counsel for the petitioner is permitted to implead the District Agriculture Officer, Ranchi as well as District Agriculture Officer, Sahebganj as respondent no. 6 and 7 in the instant writ petition as they are said to be the controlling authority of the petitioner at both places where he had served and is now serving.
Let such correction be done in course of the day in red ink at the array of the parties by the learned counsel for the petitioner.
Heard learned counsel for the parties.
The grievance of the petitioner is in relation to the release of arrear of salary from September 2012 till date. Petitioner was transferred by the order at Annexure-2 dated 28.8.2012 issued by the Director, Agriculture, Government of Jharkhand from Soil Testing Laboratory, Ranchi to Sub-Divisional Agriculture Office, Sahebganj. It is contended by the petitioner that though he has submitted his joining at the transferred place on 26.12.2012 and has been working there but the salary has not been paid as the Last Pay Certificate from the previous place of posting at Ranchi has not been transmitted to the Controlling Authority at -2- Sahebganj. Petitioner contends that he has taken diligent steps for handing over the charge of the previous office but because of absence of Assistant, Soil Chemist at Ranchi on several dates on which he attempted to hand over the charge, such handing over of charge could not be completed. He has relied upon certain letters enclosed as Annexure-8 series which are the steps taken on his behalf pursuant to the leave granted by the Controlling Officer at Sahebganj for handing over of charge at Ranchi pursuant to the Office order contained at Annexure-7 series.
Respondents in their counter affidavit have also taken a plea that petitioner has not handed over the charge at Ranchi and has absented himself from his Office at Sahebganj, which are the reason for withholding of salary.
It appears from the aforesaid facts pleaded by the rival parties that the salary of the petitioner has been withheld primarily on two count, first related to non handing of complete charge of Office he held at Soil Testing Laboratory, Ranchi and secondly because of his absence at his transferred place in the office of respondent no.5, Sub-Divisional Agriculture Officer, Sahebganj. In that view of the matter, it appears that the proper course would be to direct the petitioner to approach the Respondent no.6, District Agriculture Officer, Ranchi to satisfy him relating to handing over of charge of Soil Testing Laboratory, Ranchi where he was earlier posted. Respondent no.6, the District Agriculture Officer, Ranchi, on appearance of the petitioner would take into account all material documents produced by the petitioner towards handing over of the charge of the said Office and arrive at a considered decision. This exercise be completed within a period of 3 weeks from the date of appearance of the petitioner before the respondent no.6, the -3- District Agriculture Officer, Ranchi. The respondent no.6 on being satisfied by the handing over of the charge by the petitioner would communicate the same to the Office of Respondent no.5 and 7 i.e. the Sub-Divisional Agriculture Officer, Sahebganj and District Agriculture Officer, Sahebganj respectively. Respondent no. 7 would thereafter consider the petitioner's claim for payment of salary said to have been withheld after they are satisfied with the explanation of the petitioner in relation to the period of his absence at the transferred place. Such exercise be completed by respondent no.7, District Agriculture Officer, Sahebganj within a period of 4 weeks from the receipt of letter / communication from the respondent no.6, the District Agriculture Officer, Ranchi. Needless to say that dependent upon such exercise, admissible salary of the petitioner be released thereafter.
The writ petition is disposed of in the aforesaid manner. Pending I.A. also stands disposed of.
(Aparesh Kumar Singh, J.) A. Mohanty