SUSHILA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner has come before this Court for directing upon the respondents to release the arrears of salary of the petitioner for the period May, 1998 to November, 2004.

(2.) It would be relevant to record at the outset that earlier also the writ petitioner had come before this Court in W.P.(S) No. 2930 of 2001 for the payment of arrears of salary since May, 1998. The said writ petition was disposed of vide order dated 10.7.2001 directing the Medical Officer-in-charge, Thethai Tanger Referral Hospital, Simdega to determine the claim of the petitioner and pass a reasoned order within six weeks and if any amount is found to be payable, the same should be paid within one month thereafter. A Contempt Case being Cont. Case (Civil) No. 855 of 2001 was, thereafter, preferred by this petitioner alleging the disobedience of the said order. The said contempt case was disposed of on the submission made on behalf of the State that the petitioner was transferred in June, 1998 to Purnea and paid salary of April, 1998. The petitioner was given liberty to claim her salary from June, 1998 before the appropriate Government where she had been transferred. The contention of the petitioner is that despite repeated requests and representation, her salary for the period of May, 1998 to November, 2004 has still been withheld and lastly she made representation before the Deputy Director, Health and Family Welfare, Jharkhand, Ranchi. On receiving no response from the respondents, she is compelled to move this Court again for the present relief.

(3.) The respondent No. 7, the In-Charge, Medical Officer, Referral Hospital, Mandar, Ranchi had earlier filed counter affidavit on behalf of the respondents stating that the petitioner had received her salary till April, 1998 and, thereafter, she was transferred by the Director, Health Services, Patna, Bihar from Thethai Tanger, Simdega to the office of the Civil Surgeon, Purnea vide memo No. 6/N 351(6) dated 15.5.1998. The Civil Surgeon, Gumla also communicated the same vide Memo No. 780(5) dated 3.6.1998 to the petitioner by which she was relieved to join her transfer place of posting vide letter No. 221 dated 6.6.1998 and subsequently, her last payment certificate with endorsement of salary for the month of May, 1998 was sent to the Office of Civil Surgeon, Purnea vide letter No. 272 dated 19.8.1998 alongwith her service book. It is submitted that the petitioner did not join in the office of Civil Surgeon, Purnea. The Civil Surgeon, Purnea vide letter dated 23.10.2002 enclosing service book and last pay certificate informed the Civil Surgeon, Gumla that she had not joined there and as such, her salary for the month of May, 1998 could not be paid to her. Vide Memo No. 3046 dated 11.12.2002, the Civil Surgeon, Gumla addressed to the In-charge Medical Officer, Thethai Tanger, Simdega sent the last pay certificate and service book of the petitioner. Although, a sum of Rs. 7,245/- towards arrear of salary for the month of May, 1998 was prepared, but the bill was presented before the treasury on 13.1.2004, but the same was returned for lack of allotment from Bihar and salary for the said month i.e. May, 1998, could not be paid to the petitioner. Subsequently, as there was no vacant post at Lohardaga, the petitioner was posted at Referral Hospital, Mandar, Ranchi on the post of Grade-A Nurse. A supplementary counter affidavit has been filed by the respondent No. 7, Medical Officer, Referral Hospital, Mandar, Ranchi wherein it has been stated that for the period from 7.6.1998 to 15.9.2004, when the petitioner was voluntarily on leave, vide letter No. 446(IV) dated 21.7.2010, the Director-in-Chief, Government of Jharkhand, has granted extraordinary leave under Rule 180 of the Jharkhand Service Code and her services have now been regularized. It is also stated that since the petitioner had not worked during the said period, she is not entitled for the salary of the said period. It has further been stated that for the period, she has worked in Mandar and now at Sadar Hospital, Ranchi, she has been paid her salary. So now no arrear of salary is due to the petitioner for the work performed in Mandar.