RASHMI S LAKRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Manoj Kumar Choubey, learned counsel for the petitioner and Mr. Arup Kumar Dey, A.C to learned G.P I for the respondents.

(2.) The aforesaid writ petition has been filed praying inter alia for direction upon the respondents, in particular respondent no. 5 to pay the salary from the date of joining till August, 2010.

(3.) Learned counsel for the petitioner submits that on the basis of advertisement, the petitioner was appointed as Ayush Doctor on contractual basis. It has further been averred that in pursuance to execution of agreement, the petitioner was supposed to join on the place of posting but his joining was not accepted because another doctor was working on the same place. Thereafter, the petitioner waited for his posting and finally, the petitioner was transferred to Primary Health Centre, Pithoriya vide memo dated 07.09.2010 where she continued to discharge her duties till expiry of period of contract. Learned counsel for the petitioner further submitted that it is the respondents who did not post the petitioner on appropriate place and the petitioner waited for his posting; hence for no fault of the petitioner, she cannot be deprived of her salary. In order to fortify his argument, learned counsel for the petitioner referred to the decision rendered in the case of Gupteshwar Ram Vs. The State of Jharkhand & Ors reported in, 2013 2 JLJR 50 and also in the case of Jailal Choudhary Matwala Vs. State of Bihar & Ors as reported in, 1995 2 PLJR 553.