JANARDAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondents.

(2.) Learned counsel appearing for the petitioner submits that the petitioner, a member of Engineering Service while was under deputation in the Urban Development Department was transferred to Irrigation Division, Pakur in place of Shailendra Kumar Mandal, vide notification dated 29.6.2007 issued by the Joint Secretary (Management), Water Resources Department, Government of Jharkhand. Under the said notification, instructions were issued to the concerned Executive Engineers to hand over the charge within three days to his successor and if the person does not hand over the charge, he would be treated to have been relieved from the work which would be confirmed by the Chief Engineer. Pursuant to that notification, the petitioner gave his joining in Irrigation Division, Pakur on 5.7.2007 but Mr. Shailendra Kumar Mandal in whose place the petitioner had been transferred, did not hand over the charge and, therefore, the petitioner by assuming the charge filed an application on 6.7.2007 before the Superintendent Engineer, Water Resources Department, Dumka requesting therein to confirm the charge which the petitioner had assumed. The Superintendent Engineer forwarded the application with the recommendation for confirmation of the assumption of charge by the petitioner. Thereupon the Chief Engineer, vide its order as contained in letter dated 10.7.2007 (Annexure 5) confirmed it. Meanwhile, said Shailendra Kumar Mandal filed a writ application before this Court, vide W.P.(S) No.3648 of 2007 wherein on 9.7.2007, an interim order was passed directing the authority not to relieve the petitioner. Accordingly, the Department issued another notification on 30.11.2007 whereby transfer of Shailendra Kumar Mandal was stayed till further order but no order with respect to transfer/posting of the petitioner was passed until 14.12.2007. When the Deputy Secretary (Management ), Water Resources Department directed the petitioner to give his joining at the Headquarters within three days. The petitioner on getting said letter immediately joined in the Headquarters on 17.12.2007. Subsequently, another notification was issued on 29.12.2007 whereby he was transferred to Irrigation Division No.II, Sikhtiya where the petitioner did join on 3.1.2008 and took over the charge of Executive Engineer, Irrigation Division II, Sikhtiya on 15.1.2008. Thereupon the petitioner wrote a letter to the Joint Secretary (Management), Water Resources Department to treat that period during which the petitioner was awaiting posting i.e. 25.8.2007 to 14.1.2008 as a period of duty. But the Deputy Secretary (Management), Water Resources Department, respondent no.4 instead of passing the order to that effect passed an order as contained in Annexure 13 that period from 25.8.2007 to 28.12.2007 would be treated as unpaid leave whereas period from 29.12.2007 to 14.1.2008 would be treated as earned leave.

(3.) Being aggrieved with that order, the petitioner has filed this writ application challenging that order to be bad for the reason that the petitioner during the period from 25.8.2007 to 28.12.2007, though was not holding any regular charge but it was not due to fault of the petitioner which has been accepted by the Department even then that period was not regularized as a period of duty as, according to the respondents, the petitioner did not join in the Headquarters which is absolutely incorrect as the record and even the notification under which the petitioner was transferred to Sikhtiya would go to show that the petitioner had given his joining in the Headquarters as soon as he was asked to join Headquarters and similarly the petitioner, pursuant to notification issued on 29.12.2007 as contained in Annexure 10 gave his joining on 3.1.2008 and then took over charge on 15.1.2008, still the period from 29.12.2007 to 14.1.2008 was not regularized as the period of duty.