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d) For issuance of a Writ in the nature of Mandamus/ order/ direction to the respondents to regularise the period of service of the petitioner from 31.8.2015 to 31.3.2016 alongwith pay and allowances being a period during which the petitioner was in effect kept under compulsory waiting in Road Construction Department for posting and also to regularise the period of service of the petitioner from 1.4.2016 to 4.4.2018 alongwith pay and allowances being the period for which the petitioner was posted on non-existing post of Chief Engineer, Ranchi Jal Parishad, Ranchi.

He contended that the above said period forms part of period of compulsory waiting for posting which under Rule-14 has to be counted as period of duty under Rule 14(a)(ii) and therefore entitles the petitioner to full pay and allowances for the entire period.

9. Mr. Mithilesh Singh, G.A.-IV, learned counsel representing the respondent submits that the petitioner had earlier filed W.P.(S) No. 415 of 2015 praying for payment of legally admissible salary with effect from 02.08.2002 i.e. the date he was posted as In-charge, superintending engineer and In-charge, Chief Engineer. The said writ application was disposed vide order dated 22.07.2015 [Annexure-19] directing the concerned respondents to consider the case of the petitioner. In compliance of the said order, the Principal Secretary, Road Construction Department, Govt. of Jharkhand passed a reasoned order dated 15.10.2015 [Annexure-20] rejecting the claim of the petitioner.

19. So far as the issue of regularisation of the period of service of the petitioner from 31.8.2015 to 31.3.2016 along with pay and allowances being a period during which the petitioner was in effect kept under compulsory waiting in Road Construction Department for posting and also to regularise the period of service of the petitioner from 01.04.2016 to 04.04.2018 along with pay and allowances being the period for which the petitioner was posted on non-existing post of Chief Engineer, Ranchi Jal Parishad, Ranchi is concerned; it is evident that the petitioner having submitted his joining on 31.08.2015, the post on which he was posted vide order dated 06.11.2015; however, the same was not accepted on the post notified and the incumbent already discharging the functions of the said post was allowed to continue and thereafter, the petitioner was posted on the post of Chief Engineer, Ranchi Jal Parishad, Ranchi vide notification dated 31.03.2016 on a non- existent post.

The contention of the petitioner with regard to this issue that above part of period of compulsory waiting for posting entitles the petitioner to full pay and allowances for the entire period appears to be correct and in accordance with the applicable Rule, inasmuch as, the above said period forms part of period of compulsory waiting for posting which has to be counted as period of duty under Rule 14(a)(ii) of the Code and therefore entitles the Petitioner to full pay and allowances for the entire period.