UPENDRA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner has raised a grievance that he has not been paid salary for the period from 7/1/2008 to 17/10/2011. The petitioner has filed an interlocutory application vide I.A No. 3548 of 2015 and in paragraph 3 it has been mentioned that petitioner has been paid salary from 7/1/2008 to 7/2/2008. Now relief left for consideration for salary for the period from 8/2/2008 to . The facts go in the following manner. Petitioner was appointed as Junior Engineer on 7/2/1979 by the Irrigation Department. He was sent on deputation to the office of the Rural Development Department Special Division (Divisional Commissioner), District Munger. Vide order date 31/12/2003 the Water Resources Department recalled the service of 199 Junior Engineers but same was not acted upon. Later on another order was passed on 26/11/2007 thereby recalled services of 79 Junior Engineers including the petitioner. The claim of the petitioner is that he was not relieved by the office of the Executive Engineer, Rural Development Department Special Division (Divisional Commissioner), District Munger even then he gave his joining to the head office on 7/1/2008 but he was allowed to join on the ground that he was not relieved from the office of the Rural Development Department Special Division (Divisional Commissioner), District Munger but he was transferred to the Office of the Chief Engineer, Water Resources, Purnea on 7/2/2008, after lapse of long period of time on 21/8/2008 the petitioner gave his joining in the office of Chief Engineer, Water Resources, Division, Purnea. Now claim of the petitioner is that his joining was not accepted but he was transferred to the office of the Executive Engineer, Purnea. Admitted fact is that the petitioner did not join the office of the Executive Engineer, Purnea. As per claim of the petitioner, he has filed representation before Executive Engineer, Rural Works, Special Division, Munger, Superintending Engineer, Rural Works Special Division, Munger and Divisional Commissioner, Munger for his relieving order but no order was passed on his representation, later on when a letter was written by the Chief Engineer, Rural Works Department vide Memo No.5263 dtd. 20/6/2011 to the Executive Engineer, Rural Works Department, Munger brought to his notice that service of the petitioner was repatriated to the parent department and office of the Executive Engineer has not relieved the petitioner and asked explanation whereupon the Executive Engineer vide letter dtd. 29/6/2011 relieved the petitioner with retrospective effect from 6/1/2008 and the petitioner has been deprived of the salary for the period as aforesaid of salary .

(3.) Learned counsel for the petitioner submits that petitioner was not at fault when he was not relieved the question of his joining to the head quarter as well as office of the Chief Engineer including the office of the Executive Engineer does not arise and he cannot be deprived.