UMRAN AHMAD KHAN, S/O LATE M. SALLAUDIN KHAND "WARSI" MOH. SHAH GANJ BENTA, P.O. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) - Legality of rejection of the petitioner's claim for payment of salary for the period between May, 2006 to Jan., 2008 is the issue in the writ-petition.

(2.) Heard.

(3.) The petitioner, who was appointed in the year 1987, was posted at Jarmundi Block, Dumka from 13.07.2004. He was allocated Bihar cadre vide Notification dated 03.05.2015. On his request for treatment of his wife, an order was issued for not relieving him for 6 months. This order is dated 01.12.2005. The petitioner asserts that after March, 2006 his salary was not released however, on his repeated request respondent no.6 released his salary. He submitted representations dated 30.05.2006, 05.06.2006, 22.06.2006 and 03.08.2006 for payment of salary and for relieving him for joining under the Government of Bihar. In the meantime, his application for mutual transfer was accepted and the petitioner was transferred and posted to Road Division, Lesligang, Daltonganj vide order dated 24.01.2008. Finally, on 29.01.2008 his joining was accepted by the Executive Engineer, Road Construction Department, Government of Jharkhand. The petitioner has brought on record several other representations. The last one was submitted on 23.03.2007. When the representations for payment of salary between the period May, 2006 to Jan., 2008 were not considered, constrained, the petitioner approached this Court in W.P.(S) No.5016 of 2008, which was disposed of on 04.03.2009 with a direction to the respondent no.4 to take a decision in the matter and pass appropriate order. However, again no decision was taken by respondent no.4, which compelled the petitioner to file Contempt Case (Civil) No.604 of 2009. During the proceeding of the aforesaid contempt case, it was brought to the notice of the petitioner that vide orders dated 16.01.2010 and 27.07.2012 his claim for payment of salary for the aforesaid period has been rejected. Orders dated 16.01.2010 and 27.07.2012 are impugned in the present proceeding.