SHATRUGHAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the p`es.

(2.) The petitioner substantially prays for issuance of direction upon the respondents to pay his salary since January, 1999 till date and also to quash the order, as contained in Annexure 9, issued by respondent No. 2, whereby and whereunder transfer of the petitioner vis-a-vis respondent No. 5 has been stayed.

(3.) According to the case of the petitioner it appears that the petitioner was working as Store Keeper at Jahanabad under respondent No. 3 Superintending Engineer, Public Health Engineering Department, Gaya and by virtue of the order, as contained in Annexure 3, he was transferred on the same post in place of respondent No. 5, who was transferred on the post of a Clerk in Public Health Engineering Department itself. Pursuant to the order of transfers, as contained in Annexure 3, the petitioner was relieved from Jehanabad on 9.7.1999, and on the next day, he joined as Store Keeper at Nawadah and on the pretext that respondent No. 5 had not handed over the charge, his salary was with-held. The petitioner brought, this fact to the notice of the Chief Engineer of the concerned Department and the Chief Engineer vide letters as contained in Annexures 10 and 11, directed respondent No. 5 to hand over charge at Nawadah forthwith. The letters, issued by the Chief Engineer, as contained in Annexures 10 and 11, were not given effect to and in the meantime, the communication as contained in Annexure 9, was issued by the same Chief Engineer on 30th March, 2000 staying the transfer of the petitioner vis-a-vis respondent No. 5 and till date, no appropriate posting has been given to the petitioner after issuance of order, as contained in Annexure 9, nor his salary has been paid from January, 1999, till date.