MAHENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. Apresh Kumar Singh, learned counsel for the petitioner and Mr. A.K. Mehta, J.C. to S.C. -II and with their consent this writ application is being disposed off at this stage.

(2.) THE writ petitioner claims that he was appointed along with one Janardan Singh vide Annexure -1, i.e., the order dated 3.3.1981 being order No. 17/81 on the post of Panchayat Sewak on the scale of Rs. 220 -315 on a provisional status in anticipation of approval. The petitioner has further stated that this appointment continued and it was neither withdrawn nor cancelled. Having been so appointed, the petitioner claims that he was sent for training in the Training Session which began from September, 1981 and he also passed the training examination which was held by the Panchayat Training Institute and a certificate to that effect was also issued on 31.12.1981 vide memo No. 1037, dated 31.12.1981, by which he was relieved for purposes of joining in the office of the District Panchayat Raj Office, Dumka but he continued to wait for posting. The petitioner has complained that the other person who had been appointed along with him namely, Janardan Singh, and was also sent for training in the month of January, 1982, was however posted on the post of Panchayat Sewak at Nala Block within Jamtara Sub -division within Santhal Pargana, Dumka, but the petitioners fate was not decided and he was not given any posting nor was he paid any salary for the period 1981 to 1987. According to the petitioner, he filed several representations one of which being a representation dated 12.8.1981 which has been brought on record by Annexure -2. Subsequently, on 14.12.1987 the Deputy Commissioner, Deoghar issued memo No. 165 dated 14.12.1987 by which seven persons were appointed on the basis of compassionate considerations and the name of the petitioner was included at serial number 6 therein. According to the petitioner, this order itself proves the entitlement of relief prayed by the petitioner because in this order, the petitioner has been placed at serial number 6 and it has been stated that he is already a trained Panchayat Sewak. Subsequently, it has been stated in the same order that only persons mentioned at serial numbers 1 to 5 shall obtain training and so far as the petitioner is concerned, he would go and give necessary documents to the concerned officer.

(3.) THE petitioner has relied upon the ease of one Dinesh Kumar Mal and others (Annexure -5, page 25) which was filed before the Patna High Court vide C.W.J.C. No. 14 of 1990 and by judgment and order dated 8.4.1990, the said Court directed the authorities inter alia to pay salary. The Patna High Court observed that the State is not justified in not giving salary to the petitioner on the post of Panchayat Sewak merely because the order of posting had not been passed although they had been duly appointed and accordingly directed the State to make the payment of salary from the date of appointment.