D.D. SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been directed by the petitioner seeking a writ of mandamus to the respondent to make payment of salary and allowances for the 'disputed period' with interest and issue his posting order.

(2.) At the relevant time, the petitioner was posted as Executive Engineer in Anandpur Hydel Construction Division No. 1 at Nangal. He was relieved of his duties on September 30, 1984 but was asked to await further orders for posting. Meanwhile, the petitioner was served with another order dated 11.1.1985 stating his posting as Executing Engineer, Thein Dam (Mechanical Division), Shahpur Kandi. However, before the petitioner could join at the new place of posting, the aforesaid orders were cancelled on January 18, 1985 and the petitioner was against asked to a wait for further orders. On February 28, 1985, the petitioner was posted as Sub-Divisional Engineer, S.Y.L. Canal Project, Chandigarh where he joined on March 5, 1985. According to the petitioner no salary was paid to him for the period 1.10.1984 to 5.2.1985 although he was asked to wait for the posting orders during the said period; and no fault can be attributed to him for not joining the duties during the aforesaid period as the non-joining was for the reasons beyond his control.

(3.) At this stage, the stand taken by the respondent-State in paragraph 3 of its written statement needs to be reproduced in extenso :-