RAJENDRA UPADHYAY Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri R.S. Pradhan, learned senior counsel, who was assisted by Sri Rajeev Lochan, learned counsel for the petitioner and learned AC to SC No. 21.

(2.) The petitioner, invoking writ jurisdiction of this Court under Art. 226 of the Constitution of India, has prayed for directing the Respondents to make payment of his full salary for the period 13.8.1996 to 18.12.1998. It has been claimed that during the said period the petitioner was posted as Steno in the office of Ground Water Directorate, Patna. A further prayer has been made to quash Annexure-'6' to the writ petition i.e. Memo No. 520 Dated 25.1.2008 whereby the prayer of the petitioner for making payment of the aforesaid due salary was rejected. Besides this the petitioner has also prayed for directing the Respondents to make payment of interest on delayed payment of due salary for his suspension period i.e. from 5.6.1994 to 12.8.1996 and also interest on payment of salary for another period.

(3.) The case of the petitioner is that earlier while he was posted in the Ground Water Directorate, Patna, he was put under suspension vide Order Dated 9th Aug. 1994 and he was proceeded Departmentally also. However since for about more than two years he was kept under suspension a bench of this Court vide Order Dated 13.8.1996 revoked the order of suspension from the date of Order i.e. 13.8.1996. This Court also observed that petitioner shall be entitled to full salary from the date of Order. It has been pleaded by the petitioner that immediately after the order of the writ Court the petitioner submitted his joining in the Office of Respondent No. 5. Subsequently, the order of suspension was revoked by the Department. While revoking suspension, the petitioner was transferred to the Office of Executive Engineer, Minor Irrigation, Siwan. Of course, he was ordered to be transferred but no relieving order was issued. It has been pleaded that the petitioner repeatedly requested the Respondents to relieve him, however, he was never relieved and orally asked to join in absence of relieving order. The petitioner thereafter approached the Office of Executive Engineer, Minor Irrigation Division, Siwan. However, by Memo No. 497 Dated 6.10.1998 he was intimated by the Executive Engineer that since no relieving order has been issued his joining may not be in accordance with law and as such, his joining was refused. The petitioner thereafter again returned back to the Department. Thereafter, vide Annexure - '4' to the writ petition the Executive Engineer was directed by the Deputy Secretary, Water Resources (Minor Irrigation) Department that since the order of transfer was issued after revoking suspension order there was no need to issue relieving order and direction was issued to accept joining of the petitioner. This communication was made vide Memo No. 7413 Dated 16.12.1998. The petitioner only thereafter was allowed to join Siwan. Since the petitioner was not paid salary for the period as indicated above, the petitioner approached the authority concerned to pay the due salary which was repeatedly rejected and finally his claim has been rejected vide Annexure-'6' to the writ petition.