Jharkhand High Court
Madhu Kumari vs Human Resources Department on 4 October, 2017
Author: S.N. Pathak
Bench: S.N. Pathak
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 5606 of 2017
.....
Madhu Kumari .... Petitioner
Versus
1. The State of Jharkhand through the Secretary, Human
Resources Development Department, Govt. of Jharkhand at Project
Building, Dhurwa, P.O. & P.S. Dhurwa, District Ranchi.
2. The Director, Primary Education, School Education & Literacy
Department, Govt. of Jharkhand, Ranchi, at Telephone Bhawan, P.O.
Dhurwa, P.S. Jagarnathpur, District Ranchi.
3. The District Superintendent of Education, Ranchi, P.O., G.P.O.,
P.S. Kotwali, District Ranchi.
4. The Headmaster - cumDrawing & Disbursing Authority, Govt.
Middle School, Chadri, Ranchi, P.O. G.P.O., P.S. Kotwali, District
Ranchi. .... Respondents
CORAM: HON'BLE MR. JUSTICE DR. S.N. PATHAK
For the Petitioner : Mr. Vishal Kumar Tiwary, Advocate
For the Respondents : Mr. Jai Prakash, (AAG)
02 /04.10.2017
The 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 30.3.2012 to
15.02.2013, which has not been paid, as the petitioner was waiting for posting after InterState Mutual Transfer and gave her joining under Director, Primary Education on 30.3.2012 and thereafter the petitioner was posted to the Office of District Superintendent of Education, Ranchi vide order dated 16.02.2013. Further prayer has been made to direct the respondent no. 2 for regularize the services of the petitioner, as the payment for salary of the Waiting for Posting period can only be paid after the service regularization of the petitioner and till date the service of the aforesaid period has not been regularized by the concerned respondent, in spite of several requests & representations.
Factual Matrix: The petitioner joined on 22.09.1994 as Assistant Teacher, Primary School, Mohanpur, Sherghati, Gaya. Thereafter the petitioner was transferred to Primary School, Kanjear, Dobhi, Gaya on 28.01.2008. By the Inter State Mutual Transfer, which was done in 2 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. A letter was issued by Block Education Officer, Dobhi, Gaya to District Programme Officer (Establishment Branch), Gaya dated 14th March, 2012, wherein it was mentioned that as the petitioner has been mutually transferred to the State of Jharkhand vide letter dated 30.6.2011, issued from Home (Special) Department, Govt. of Bihar, as such the petitioner is relieved to join in the transferred State. Thereafter a letter was issued from the Office of District Education Officer, Gaya vide Letter dated 29.03.2012 being Memo No. 405 wherein the petitioner was relieved from the Office of District Education Officer, Gaya and she was directed to join in the Office of Director, Primary Education, Jharkhand, Ranchi on 30.3.2012. After the petitioner joined in the office of Director, Primary Education, Jharkhand, at Ranchi the petitioner was regularly attending the said office and was properly obeying the orders of the superior and she was making herself available for the direction given to her and she was performing with the same without any complaint from any corner. A letter was issued, whereby the petitioner along with other similarly situated teachers were given their district posting. It is stated that as the petitioner was given posting at Lohardaga district, she made representation dated 22.06.2012 to the Director, Primary Education for allotting her the Ranchi district as her husband is also working in Ranchi district. The petitioner gave her representations before the Secretary, Human Resource Development Department, Govt. of Jharkhand on 16th August, 2012 and 22nd December, 2012 with the prayer that she may be given her posting in Ranchi District. Thereafter another letter was issued by which the petitioner along with other teachers were given their new district posting and they were directed to join their respective district, the petitioner was as such allotted Ranchi district.
Further, the petitioner gave her joining to the District Education Officer, Ranchi on the same date i.e. on 16.02.2013. Thereafter 3 District Education Officer, Ranchi by his letter dated 19.02.2013 written to Director, Primary Education, Jharkhand about the Absentee Statement of the petitioner. The petitioner represented before the authorities for regularization of her service for the period from 30.3.2012 to 15.02.2013. The petitioner also gave her representation for payment of arrears of salary from 30.3.2012 to 15.02.2013. The petitioner then received an order on 15.07.2013 issued from the office of District Education Officer, Ranchi where by the petitioner was posted at Middle School, Booty, in Ranchi. Soon thereafter the petitioner gave her joining on 19.07.2013 in compliance of the said order. The PrincipalcumDrawing & Disbursing Authority, Govt. Middle School, Booty, Ranchi wrote to District Education Officer, Ranchi for payment of arrears of salary of the petitioner for the period from 30.3.2012 to 15.02.2013. It was also stated that the service of the petitioner may be regularized and the arrears of salary can be paid to her. The petitioner gave several representations before the respondents for regularization of her services and also for payment of arrears of salary but the same has not been paid to her till date and hence the petitioner has filed this writ application.
Learned counsel for the petitioner submits that in spite of the several communications between the department inter se, the services of the petitioner has not been regularized, neither she 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 service 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.
Per contra, no counteraffidavit has been filed by the 4 respondents. Learned counsel for the respondents submit that the petitioner was not posted within the said period anywhere, and as such she is not entitled to get salary of the said period. However, the said period shall be counted for the purpose of fixation of her 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.
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 no fault of hers. 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 and W.P.(S) No. 5481 of 2015 disposed of on 25.11.2016 and 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 hers, salary for the said 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 and to pay the arrears of salary for the period from 30.3.2012 to 15.02.2013 within four 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.) Pallavi/