OM PRAKASH MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ application the petitioner has prayed for the direction to the respondents to suitably post the petitioner against the vacant sanctioned post of In Charge Superintending Engineer in the department of Drinking Water and Sanitation and for payment of arrears of salary from 1.9.2003 till date.

(2.) THE case has a chequered background. Earner the petitioner was sought to be transferred from Dhanbad to Sahebganj Division on the post of Executive Engineer. The petitioner having been aggrieved by the said order had taken resort to this Court in a writ application being W.P.(S) No. 4681/2003 which was culminated into L.P.A. No. 639/2003. The Division Bench while disposing of the said L.P.A. passed the following order :

(3.) COUNTER affidavit has been filed by the respondent No. 2 stating, inter alia, that the petitioner 'sclaim that he himself assumed charge was not approved or accepted by the department and he was treated to be absent from the duty unauthorizedly. However, it has been stated that the claim of posting shall be considered after the clearance of roster and he will be immediately posted thereafter. A supplementary counter affidavit has also been filed stating, inter alia, that the petitioner has been posted as In -Charge -Technical Secretary to the Chief Engineer H. Qs. by Memo No. 1440, dated 4.4.2005 and if the petitioner files an application for payment of salary, a decision will be taken by the department as soon as possible.