KRISHNA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prayer of the petitioner in both the writ applications being inter linked, and taken up together and disposed off by a common order.

(2.) Petitioner was appointed as Lecturer in the department of Physics, G.B. College, Ramgarh (Kaimur) and his services were regularized through notification contained in Memo No. R/153/GXA dated 24.5. 2006 with effect from 19.3.1986. He was transferred from Gram Bharti College, Ramgarh (Kaimur) to J.J. College, Arrah along with 17 others, on the recommendations of the Transfer Committee vide notification contained in memo No. 719/Estab/08 dated 23.10.2008. Petitioner gave his joining in the department of Physics, J.J. College, Arrah on 17.11.2008, which was accepted by the Principal, Jag Jivan College, Arrah, Bhaojpur. The Principal of J.J. College, Arrah also gave intimation of petitioner's joining to the Registrar, Veer Kunwar Singh University, Arrah through letter No. 551/2008 dated 18.11.2008. The Principal of G.B. College, Ramgarh was also intimated about petitioner's joining as well as for sending petitioner's relieving order and Last Pay Certificate. Petitioner's case is that after joining he started teaching the students and he was made Admission Coordinator through office order dated 7.7.2009 and the Computer Incharge for the College vide order dated 14.7.2009. Despite the fact that all respondents were knowing about petitioner's transfer, his joining and discharging his duties at J.J. College, Arrah since 18.11.2008, his salary was not being paid. Petitioner, therefore, on 5.12.2008 represented before the Registrar, Veer Kunwar Singh University, Arrah with supporting documents, requesting to release his salary. The Principle of J.J. College Arrah also requested the respondent No. 5 through his letter No. J.C.543/09 dated 28.2.2009 for necessary directions, so that petitioner be paid his due salary. Despite all these efforts there was no response from the Registrar, Veer Kunwar Singh University, Arrah and the Principal, Gram Bharti College, Ramgarh (Kaimur), as Last Pay Certificate and relieving orders were not sent to Principal, J.J. College, Arrah. Finally on 29.6.2009 petitioner filed CWJC No. 7319 of 2009 for a direction to the concerned authority for payment of his arrears of salary from October, 2008 and current month to month salary.

(3.) Petitioner's case is that immediately after filing of writ application by the petitioner, within nine months of earlier transfer, again a transfer order was issued through Memo No. 182/Estab/09 dated 13.7.2009, whereby the petitioner was re transferred to G.B. College, Ramgarh (Kaimur).