BHIYA LAL YADAV Vs. COMMISSIONER ALL

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Standing Counsel. The petitioner has filed the present writ petition praying that a mandamus should be issued to the respondents to release the six months salary as well as one annual increment.

(2.) It was contended that the salary for six months and annual increment was not paid on account of an order of punishment of stoppage of annual increment and adverse entry passed by the District Magistrate, which order was set aside in appeal by the Commissioner, inspite of which, the salary was not released nor increment was given. The reason for non-payment of the salary was that the order of the Commissioner was not available with them and that the service book of the petitioner was incomplete.

(3.) This Court by an order dated 9th October, 2012 had directed the learned Standing Counsel to receive instructions. On 31st October, 2012 the learned Standing Counsel submitted that the Sub-Divisional Magistrate by its order dated 22nd October, 2012 directed the completion of the service book of the petitioner for the purpose of calculating the arrears. Based on that order, the Tehsildar in its order dated 29th October, 2012 reported that one month time was required to complete the formalities and pay the arrears.