DEVI SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) In this original application the applicant has prayed for issuing the direction to the respondents to release his withheld salary for the period September 1, 2003 to March 31, 2004 with interest at the rate of 12%.

(2.) The admitted facts of the case are that the applicant was transferred from Samoh to Namhol vide transfer order dated August 29, 2003 (Annexure -A/1) and joined his duties at Namhol on September 10, 2003 vide joining report Annexure -A/2. As per the contents of certificate Annexure A -5 the applicant remained on duty at the place of his posting from September 10, 2003 to April 8, 2004. Vide transfer order Annexure -A/3 the applicant was transferred back to the place of his earlier posting at Samoh where he joined on April 12, 2004. However, his salary for the period September 1, 2003 to March 31, 2004 has not been released by the respondents on the strength of Govt. instructions dated July 27, 2000 (Annexure R/1) the applicant claims that this course of action being unlawful is not available to the respondents for the reasons that he had simply complied with the orders of the respondents and had actually performed his duties during the aforesaid period, therefore, his salary could not be withheld.

(3.) The respondents in their reply have justified their action of withholding the salary of the applicant on the ground that the applicant was transferred on his request and joined his duties in Namhol pursuant to the transfer order but the teacher in whose place he was posted at Namhol had not completed the normal tenure and obtained stay order from this Tribunal and thus "the applicant has remained surplus during the period September 10, 2003 to April 8, 2004 and the salary for this period has been drawn and disbursed to the other teacher who had obtained the stay of his transfer. It is further claimed that as per communication dated July 27, 2000 from the department of Personnel addressed inter alia to all heads of Departments (Annexure R -1) the applicant is required to apply for leave of the kind due for the period he remained surplus and only thereafter his salary can be drawn and disabused to him with prior sanction of the Government.