BHUPINDER SINGH Vs. PUNJAB STATE ELECTRICITY BOARD, PATIALA

JUDGEMENT

(1.) (Oral) - Bhupinder Singh, a petty Government officer, has been dragged into this second bout of litigation. Earlier in point of time, he had to file Civil Writ Petition No. 2156 of 1983 wherein his prayer was to permit him to assume the charge at a place where he was transferred. On the statement made by learned counsel then representing the respondents, he was permitted to join but he was not paid salary for the period from 27.7.1982 to 31.10.1983. The present and second writ is for salary of the period, referred to above.

(2.) Petitioner was posted as Sub Divisional Officer, Kurali and on 31.5.1982 he was transferred to Gurdaspur Circle. Before this order was implemented, petitioner was transferred from Kurali to Mohali vide order dated 5.7.1982. It is the case of the petitioner that under the instructions governing transfer of the employees, one should be given sufficient time to give charge and enable him to join at his new place of posting. The instructions further require that if an employee fails to render the account of the material within a reasonable period, disciplinary action shall be initiated against him under the Punjab Punishment and Appeal Rules and he shall not be permitted to draw his next increment. If the value of the material for which accounts are to be rendered exceeds Rs. 10,000.00, report should invariably be lodged with the police simultaneously. Sub Divisional Officer, Sh. Gurdev Singh against whom petitioner filed some complaints ignored the orders of transfer of the petitioner from Kurali to Mohali and relieved the petitioner only on 27.7.1982. Copy of this relieving order has been annexed with this petition as Annexure P-4. It is pertinent to mention here that even though petitioner was transferred from Kurali to Mohali in modification of the order Annexure P-1 transferring him from Kurali to Gurdaspur, Shri Gurdev Singh Gill, Sub Divisional Officer relieved him under order Annexure P-1 and not under the modification order Annexure P-2. The case of the petitioner is that he was not relieved earlier so that he could possibly join at the new place of his posting i.e. at Mohali. Petitioner was also not permitted to hand over the charge which was another step necessary for this joining at the place of his transfer i.e. at Mohali. As the petitioner was not permitted to hand over the charge, to unable him to report at Mohali, he was constrainted to file CWP No. 2156 of 1983 in this Court wherein he complained that by this device method i.e. by not permitting him to hand over the charge, he was unable to join at Mohali, resultantly debar him his monthly salary. The matter came up for hearing before the Division Bench of this Court on 25.10.1983 and following order was passed:-

(3.) In pursuance to this order, petitioner was permitted to join on 2.11.1983, but he was not paid arrears of salary from 27.7.1982 to 31.10.1983. As mentioned above, petitioner has asked for the disbursement of arrears of salary in the present writ petition. The petitioner has also challenged order Annexure P-5. Vide order aforesaid, it was decided to treat the petitioner on earned leave from 8.7.1982 to 31.10.1983 or leave of the kind due. Petitioner was not paid salary of the said period.