RAMCHANDRA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition, the Petitioner has prayed for a direction on the Respondents to release his salary, which has been withheld since November, 2008 without assigning any reason.

(2.) It has been stated that the Petitioner was transferred and posted as Treasury Guard at Giridih against the sanctioned post by order dated 8th July, 2006. Subsequently, an order was issued, transferring the Petitioner to Chas Division. The said order was cancelled by the department by order dated 18th December, 2008. The Petitioner, as such, has been working continuously, but his salary has not been paid since November, 2008. It has been submitted that there was no order of any authority for withholding the salary of the Petitioner. The Petitioner made several requests and filed representation before the Executive Engineer, Drinking Water and Sanitation Department, Division No. 2, Giridih, but till date his arrears of salary has not been paid, even he is not getting his current salary.

(3.) A counter affidavit has been filed on behalf of the Respondents, stating, inter alia, that the Petitioner has been transferred to Chas Division, but he did not join there. At Giridih, there is only one sanctioned post of Treasury Guard and one Pawan Kumar Maharaj is posted against that post Since the Petitioner did not join the transferred place, his salary could not be paid in absence of sanctioned post at Giridih.