ANAND MOHAN SAXENA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment and decree dated 30.10.2006 passed by second Additional District Judge (Fast Track Court, Datia) in Civil Suit No. 1 -A/2006, whereby suit for declaration and recovery of salary filed by the appellant/plaintiff was dismissed.

(2.) The admitted facts of this case are that the appellant/ plaintiff was working in the District Treasury, Datia since 30.12.2002 when he joined in that office. It is also admitted that on 20.06.2003, the appellant was relieved from the District Treasury, Datia to report at Training Centre, Gwalior on 23.06.2003 and an order Ex. P -13 was issued. It is also admitted that the respondent No. 2 - the Commissioner Treasuries and Accounts, Bhopal had issued a transfer order dated 26.06.2003, by which the appellant was transferred from Datia to Gwalior. It is also admitted that on 07.07.2003 the appellant submitted a leave application for grant of medical leave for two weeks from 07.07.2003. Original application Ex. P -25 along with medical certificate Ex. P -26 were returned to the appellant with the direction that those be submitted before Gwalior office. It is also admitted that the appellant had moved a writ petition (W.P. No. 2014/2003) challenging the transfer order, in which it was directed vide order dated 10.07.2003 that his representation shall be considered and a speaking order shall be passed and he should not be relieved if he is still working in the post. It is also admitted that vide order dated 07.06.2004 Ex. P -36, the transfer of the appellant from Datia to Gwalior was cancelled.

(3.) The appellant/plaintiff has filed a civil suit that initially he was working as a UDC in the District Treasury, Datia. On 23.12.2002 he was promoted to the post of Assistant Accountant and he resumed the charge of that post on 30.12.2002. He worked on this post up to 18.07.2003 but he was not paid the salary of last three months'. However, on negotiations with Collector and senior officers of the district, three months' salary of the appellant was paid but thereafter no payment of salary was made to the appellant. Since the appellant was working as a District President of Employees Union of Treasury, he could not be transferred from the post according to the transfer policy of the Government. He was sent for system operation training held in between 23.06.2003 to 05.07.2003 and he was relieved for that purpose. In the meantime, a transfer order was issued and without giving any information, a relieving order was passed by the respondent No. 3. The appellant has filed a writ petition against the order of transfer and he got a relief that he was permitted to work on the post at Datia until his representation is decided. However, neither he was permitted to do the work nor his attendance was marked in the attendance register. Several representations and applications were given by the appellant to the higher authorities including the Collector, Datia. Ultimately his transfer order was cancelled. However, no salary of the period from 07.07.2003 to 13.06.2004 was paid to him and, therefore, he has filed a civil suit for declaration and a consequential relief for getting arrears of salary of Rs.80,500/ - along with 2% interest on that sum.