STATE OF JHARKHAND Vs. NATWA HANSDAK

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 22/10/2024 passed in W.P.(S) No. 4453 of 2024 which has been disposed of directing the writ petitioner/respondent to file a fresh representation before the respondent nos. 2 and 3 of the said case (appellant nos. 2 and 3 herein) and the appellant no. 3 - the Principal Secretary, Department of Higher & Technical Education, Government of Jharkhand, Ranchi has been directed to consider the said representation and to pass order for payment of salary to the writ petitioner/respondent for the period from 1/4/2021 to 18/2/2022 (total 324 days).

(2.) The factual background of the case is that the respondent was initially appointed to the post of Lecturer in the year 1987. He, while working on the post of Technical Officer at Jharkhand Council On Science, Technology & Innovation (JCSTI), Ranchi, was transferred to the Government Polytechnic, Adityapur as Lecturer vide notification as contained in memo no. 352 dtd. 12/3/2021 and by the same notification, one Rewati Raman Upadhyay (12 years junior to the respondent) posted as Lecturer (Metallurgy) in Government Polytechnic, Dhanbad, was transferred to the Government Polytechnic, Adityapur on the same post with additional charge of the Principal of the said institution. Pursuant to the said notification, the respondent did not join the said post and he filed representation dtd. 15/3/2021 raising objection against his transfer order.

(3.) The respondent subsequently filed a writ petition being W.P.(S) No. 1509 of 2021 assailing his transfer order which was disposed of vide order dtd. 29/11/2021 directing the appellants to take decision on the respondent's representation dtd. 15/3/2021 with respect to the order of his transfer as well as payment of salary for the period he remained absent.