PRAMOD JHA Vs. MUNICIPAL CORPORATION DURG

JUDGEMENT

(1.) THE Petitioner has preferred this writ petition under Articles 226/ 227 of the Constitution of India being aggrieved by the action of Respondent No. 1 for not allowing him to join his duties and also for not making payment of the salary w.e.f. 17-9-2003.

(2.) BRIEF facts giving rise to filing of this petition are that the Petitioner is an employee of Respondent No. 1 and is working as Compounder in Deshbandhu/Titurdeeh Hospital. Vide order dated 30th July, 2003 (Annexure-P/2) the Petitioner was, while working as Compounder, directed to report to the Chief Medical and Health Officer in the District Hospital, Durg. He was further directed to report daily in the morning at 8 am in the Office of the Chief Medical and Health Officer and under his guidance he should work for prevention and inspection of infectious diseases of the 51 wards of the Municipal Corporation Limit of Durg and he should report daily at 6 pm to him. In pursuance of this order, vide order dated 12-9-2003 (Annexure-P/3) the Petitioner was directed to hand over the charge to one Shri Awadhram Pandey, Ayurved Medical Officer. Accordingly on 16-9-2003, the Petitioner handed over the charge to Awadhram Pandey and on 17-9-2003 the Petitioner reported to the Chief Medical and Health Officer, Government Hospital, Durg. Under Annexure-P/6 on 17-9-2003 the Petitioner informed the Municipal Commissioner that after handing over the charge on 16-9-2003 to Awadhram Pandey, he reported in the office of the Chief Medical and Health, District Durg on 17-9-2003. On reporting, the Chief Medical and Health Officer verbally informed him that he has got sufficient employees for the purpose and they have not asked for deputing the Compounders, therefore, they cannot provide the work to the Petitioner. Therefore, this letter was sent by post, as per the allegations of the Petitioner the same was not accepted. When the Petitioner was not paid the salary for the period from 17th September 2003 to 30th September 2003 he again sent a letter (Annexure-P/7) to the Commissioner, Municipal Council for the payment of the salary for the said period. Thereafter, again on 16th October 2003 the Petitioner sent a letter (Annexure-P/8) through post to the Chief Medical Officer, Government Hospital, District Durg, the copy of the same was sent to the Commissioner and it is mentioned in the letter that on 17-9-2003 after joining he requested him that his name has not been included in the team, but his name was not included on the ground that the work of the prevention and inspection of the infectious diseases was commenced on 1st April 2003 whereas, the Petitioner was sent on 17th September 2003 when the work was about to finish on 30th September 2003. In this letter the Petitioner also required that his services be reverted back to the Municipal Corporation.

(3.) NO return has been filed on behalf of Respondents 2 and 3. A preliminary return has been filed on behalf of Respondent No. 1 in which it has been stated that the Petitioner was relieved on 16-9-2003. Thereafter he did not join in the office of the Chief Medical and Health Officer, District Durg. On 17-9-2003, the Chief Medical and Health Officer had directed the Petitioner that he should get his attendance marked in the office of the R.M.O., copy of the order is Annexure-R/3. Vide order dated 27-9-2003 the Commissioner, Municipal Corporation demanded the attendance sheet of the Petitioner, copy of the same is Annexure-R/4. On 30th September 2003 a letter was written to the Petitioner for submitting his attendance sheet so that he can be paid, but the Petitioner has not submitted his attendance sheet. Rajoinder has been filed on behalf of the Petitioner in which it has been stated that when on 17-9-2003 the Petitioner reported than Respondent No. 3 had said that Respondent No. 1 has unnecessarily deputed the Petitioner and that is why Respondent No. 3 does not want to send the attendance sheet nor his attendance was marked. As Respondent No. 3 informed the Petitioner that Respondent No. 3 has sufficient employees in the Government Hospital for survey and prevention of the infectious diseases so neither the work was allocated nor the Petitioner has been relieved for reporting in the Municipal Corporation. Even after the requests made by the Petitioner, since the letters were not accepted, the Petitioner had sent those letters under certificate of posting and copy of the same are Annexures PR-1, PR-2, PR-3 and PR-4.