PIAREY LAL KANDRU Vs. STATE

JUDGEMENT

(1.) PETITIONER by means of this petition seeks issuance of writ of mandamus directing the respondents to release the salary from October 2000 to February 2001, medical claims and T.A. Bill which have been paid by the respondents.

(2.) IT is submitted at the bar by the learned counsel for the petitioner that the petitioner while working as Assistant District Medical Officer, Budgam under forced circumstances and with the permission of respondents joined in the Directorate at Jammu in October 2000, where he remained attached till February 2001 and superannuated from service in July 2001. The petitioner was entitled to the salary for the period October 2000 to February 2001 which has been withheld by the respondents without assigning any reason. Similarly medical claims of petitioner, though presented to the treasury, have not been encashed for payment to the petitioner and so is the fate of TA Bill.

(3.) THE respondents have filed the counter affidavit stating therein that the salary for the period October 2000 to February 2001 could not be paid to the petitioner for the reason that the amount of salary was to be made available from the District Fund of Budgam and since it could not be transferred the petitioner only for that reason could not be paid the salary. The petitioner otherwise is entitled to this leave salary. With regard to the medical claim, it is stated that the same was presented before the Treasury Officer, Mrs. Shekhar learned counsel for the respondents has raised an objection that the bills were not supported by vouchers. The vouchers were retained inadvertantly by the Directorate while according sanction to the medical claims which were required to be returned alongwith the medical claims to the drawing and disbursing officer for presentation before the treasury. So far as the claim of T.A. Bill of the petitioner is concerned, those are still pending with the respondents.