KESHAV KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the captioned writ application, the petitioner has inter alia prayed for quashing order as contained in memo dated 17.12.2013 whereby petitioner's salary has been denied for his non-posting period i.e. from 13.03.2012 to 04.07.2013; and for direction upon the respondents to pay the salary for the said period i.e. from 13.03.2012 to 04.07.2013 and also for direction upon the respondents to pay the consequential benefits of periodical increments for the years 2012 and 2013 including the arrears of salary arising out of such effect.

(2.) The facts, as delineated in the writ application, shorn of unnecessary details is that the petitioner, who is presently functioning as a Block Extension Educator in the Department of Health & Family Welfare, knocked the door of this Court by way of filing W.P. (S) No. 3852 of 2011 seeking promotion on the post of 'Block Extension Educator', which was disposed of vide order dated 10.10.2011 with a direction to Director-in-Chief, Health Services, Jharkhand, Ranchi to consider the case of the petitioner for promotion on the said post from the date when his juniors have been promoted. However, when the said order was not complied with, the petitioner filed Contempt Case (C) No. 810 of 2011, in which, the Opp. Parties filed show cause affidavit annexing memo dated 15.02012 whereby a decision was taken to promote the petitioner to the post of Block Education Educator w.e.f. 004.2008. Considering the facts aforesaid, the contempt proceeding was dropped with liberty to challenge the order before the appropriate forum which was dropped vide order dated 29.0201 It has further been averred that pursuant to order dated 15.02012, the petitioner reported before Civil Surgeon, Godda, who vide order dated 13.03.2012 directed to submit his joining before the Medical Officer, In-charge Sunderpahari Godda.

(3.) It has further been averred that pursuant to order dated 01.05.2013 passed by this Court in W.P. (S) No. 6817 of 2012, the petitioner submitted representation before the Director-in-Chief, Health Services for the salary for the period 102012 to 04.07.2013 which was rejected vide order dated 17.12.2013, which is impugned in this case.