UDAY KUMAR MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner was a Junior Engineer under the Road Construction Department of Govt. of Bihar. By order of Engineer-in-Chief, his services were transferred to Patna Regional Development Authority by letter dated 24.11.2004. It is not in dispute that the Petitioner approached the officers of Patna Regional Development Authority to accept his joining which was not accepted as they had not received any formal communication thereof. Thus, the Petitioner having been asked to join, could not join because of communication gap between the two departments. Ultimately, the Urban Development Department issued letter dated 21.3.2005 to Patna Regional Development Authority to accept Petitioner's joining. Thereafter, the Petitioner was permitted to join but accepted in Jharkhand State. Petitioner has thus filed this writ petition for salary for the period 23.12.2004 to 15.4.2005.

(2.) A counter affidavit has been filed in which these basic facts are not in dispute. All I can say that the Petitioner would be treated as waiting for posting and as such till his services are not regularized, no payment can be made. To my mind this is clearly arbitrary and cannot be sustained. The Petitioner was transferred by order of the Engineer-in-Chief. There is no dispute that he was not allowed to join because the department (PRDA) in which he has to join did not receive communication in time. Thus, there is no fault on the part of the Petitioner in any manner. The responsibility lies with the authority, who transferred a person but failed to ensure compliance of his direction.

(3.) In that view of the matter I have no option but to allow this writ application with a direction to Secretary, Urban Development Department, Bihar, Patna, to which Petitioner's services were transferred to ensure payment of full remuneration to the Petitioner for the period under consideration, as noted above, which should be made within three months from the date of production of a copy of this order before the Secretary, Urban Development Department, Bihar, Patna.