DEODATT SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) In the instant writ petition, prayer has been made for quashing the letter dated 13.9.2012(Annexure-5) issued by the respondent no.3, District Superintendent of Education, Hazaribag where under petitioner's application dated 19.6.2009 for sanction of leave on medical ground for the period from 3.11.2002 to 17.11.2003 has been rejected. Petitioner has made a plea that his application ought to have been dealt with under Rule 234 of the Jharkhand Service Code but the same has been rejected invoking Rule 227 of the Jharkhand Service Code. He has also made a prayer for payment of salary from March 2009 and fixation of his salary counting the period from 3.11.2012 to 17.11.2003 as a period of leave.

(3.) Petitioner claimed to be working as In-charge Head Master under the respondent- Human Resources Development Department. As per his case, while he was waiting for instruction for joining at Middle School, Jagdishpur in July 2002, he came to know through another office order bearing no. 2366 dated 11.10.2002 issued by the District Superintendent of Education, Hazaribag that he has been posted at Keredari. He made several representation for recall of the said order and also moved this Court in W.P.S. No. 5936 of 2002, which was disposed of vide Annexure-2 dated 1.11.2002 directing the Deputy Commissioner, Hazaribag to dispose of his representation within stipulated period. According to him the order of posting dated 11.10.2002 was withdrawn and a fresh order of transfer was issued. He however filed another writ petition before this Court being W.P.S. No. 6625 of 2004 claiming salary for the period from 1.11.2002 to 17.11.2003 by taking plea that he had challenged the transfer order dated 11.10.2002 in the previous writ petition. Petitioner has tried to make out a case that the said period be treated as leave on medical ground as he was suffering from pancreatic illness and was unable to work during the said period. Therefore, by invoking Rule 234 of the Jharkhand Service Code, he claims sanction of the leave on medical ground. Petitioner claims that his representation was rejected vide letter dated 13.9.2012 issued by the respondent no.3, which is impugned herein.