GAUTAM KUMAR Vs. BIRSA AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) PRAYER in this writ petition has been made for issuance of a writ of mandamus directing upon the respondents No.2 and 4 to accept the joining of the petitioner w.e.f 16.3.2007 and for a direction to pay the salary to the petitioner w.e.f. 1.4.2006 with interest @ 18% per annum and further a direction to the respondent No.2 to dispose of the representation dated 5.10.2007 filed by the petitioner within the stipulated time frame after giving an opportunity of hearing the petitioner.

(2.) THE petitioner was appointed on 16.7.2004 under the notification issued by the Vice -Chancellor, Birsa Agriculture University, Kanke, Ranchi on the post of Junior Scientist -cum -Assistant Professor (Soil Science) on the pay scale of Rs. 8000 -275 -135001 - with usual allowances and was posted under Zonal Research Station, Darisai under Birsa Agriculture University, which is situated in the district of Singhbhum East. The petitioner's joining was accepted initially on the vacant post of Farm Superintendent, Zonal Research Centre, Darisai and later, on the vacant post of Junior Scientist -cum -Assistant Professor from 10.9.2004.

(3.) , Counter affidavit has been filed by the respondents wherein a persistent statement has been made in several paragraphs that the petitioner is a habitual absentee and has not joined his duty for several months together. The learned counsel for the respondents explains that the petitioner has been paid his salary for the period he has served and has not been paid his salary for which period he has not served at all.