EKRAMUL HASAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) What has happened has happened. The same cannot be undone now. There was contribution of the petitioner also in creating certain amount of confusion and chaos with regard to place of posting and the cadre where he was required to serve after the tentative allocation of his cadre to the State of Jharkhand initially.

(2.) From perusal of the detailed materials, which have been brought on record, it cannot be a matter of dispute that for one reason or the other including anticipation of some kind of favourable order to be passed by the High Court in the writ application of the petitioner moved earlier in the year 2004, petitioner did hang on in the department of PHED at Araria and was also given additional responsibility to look after work of Zila Parishad at Araria.

(3.) Another significant aspect is that finally the petitioner has been allocated Bihar cadre and has been allowed to continue. The writ application of the petitioner was disposed of in terms of Annexure- 14 dated 11.11.2005 in which a status quo order was also passed giving a direction upon the respondent State authorities to consider his claim and representation for transfer of cadre back to Bihar. Therefore, the real issue and dispute with regard to non-payment of salary should be confined from October 2004 to 11.11.2005.