PRABHU NARAIN PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE prayer of the petitioner in this writ application is to quash the order as contained in Annexure -13 passed by the Managing Director, Bihar State Tourism Development Corporation, rejecting the representation of the petitioner after holding that for the period of September, 1991 to July, 1992, the petitioner is not entitled to the salary as he did not work for the said period and, therefore, no salary can be paid to him.

(2.) THE petitioner, an employee of the Tourism Development of the Government of Bihar, was deputed to the Bihar State Tourism Development Corporation (hereinafter called as BSTDC for the sake of convenience). Thereafter since his service was not required by the BSTDC and, therefore, his services were returned back to his parent department on 29.07.2001 and he was relieved with effect from 01.08.1991 as it appears from Annexure -A to the counter affidavit. The petitioner thereafter joined on 05.08.1991, which was duly accepted. The petitioner though was relieved but did not hand over charge to Alok Prasad, who was transferred in his place, and thereafter the Managing Director of the BSTDC directed the General Manager to hand over the charge to Shri Alok Prasad after making an inventory. Accordingly, the General Manager after making inventory handed over the charge to Alok Prasad.

(3.) CONSIDERING the, fact that the petitioner was already relieved with effect from 01.08.1991 from the Corporation and, therefore, in my view, the Managing Director was justified in rejecting the representation of the petitioner regarding payment of his salary from September, 1991 to July, 1992 as he did not work there during the said period.