DEB KUMAR BARMAN Vs. STATE OF WEST BENGAL
LAWS(CAL)-1994-9-46
HIGH COURT OF CALCUTTA
Decided on September 21,1994

Deb Kumar Barman Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

NILABATI BEHERA V. STATE OF ORISSA AND OTHERS [REFERRED]
SANJIT ROY VS. STATE OF RAJASTHAN [REFERRED]
KRISHAN YADAV VS. STATE OF HARYANA [REFERRED]


JUDGEMENT

- (1.)This is a very unfortunate and unprecedented case. Petitioner moved this Court under Article 226 of the Constitution of India for certain reliefs which are not ordinarily given by a writ Court and the writ Court has not faced such a situation.
(2.)In this case the writ petitioner was transferred by the Chief Medical Officer of Health, Midnapore by a Radiogram message whereby the petitioner has been released from Belda Office, of Block Medical Officer of Health and was directed to report for duty to the office of Block Medical Officer of Health (hereinafter called as BMOH), Kharikamathanj Block Medical Health Centre in the District of Midnapore in the interest of public service. Pursuant to that Radiogram message, dated December 2, 1993 petitioner reported for duty to his new place of posting on January 18, 1994 by submitting a joining report on which an order was passed by the Block Medical Officer of Health, Narayangram, Kharikamathanj on the same date, that is, on January 18, 1994 allowing him to join in the said post. It has been alleged by the petitioner that since his joining in the new place of posting he has not been given any pay or allowance alleging for want of 'Last Pay Certificate' to be issued from Belda authorities which is in the same district. The Block Medical officer of Health, Kharikamathanj wrote a letter to the Block Medical Officer of Health, Narayangram Block Belda stating that he was facing much difficulty to pay salary and allowances of the petitioner attached to the said Institution who joined his office on January 18, 1994. By the said letter it was requested to send the Last Pay Certificate in respect of the petitionr immediately and that it was specifically pointed out that because of non-availability of the Last Pay Certificate petitioner could not be paid his salaries and no salary bill could be prepared. But, the BMOH, Belda remained significantly silent and inactive over the issue.
(3.)It is stated that the reason for not sending the Last Pay Certificate was that the petitioner was verbally requested to write some cash books in that centre after he left that part. Petitioner requested the authority concerned that since dealing with cash books is a very serious thing, for that purpose a formal order should be passed in the shape of the order for deputation to perform the said work. But the situation did not improve and on the contrary it appears that on July 1, 1994 petitioner applied for earned leave for 38 days on account of his wife's illness and that the said leave was prayed for from July 1, 1994 because of urgency involved in the matter, on which the BMOH, Kharikamathanj passed an order to the extent that as per instruction of ACMOH (PH and PW) I am unable to accept his (Mr. Barman) joining report. Mr. Barman is hereby being forwarded to CMOH (Midnapore). The said order was passed on July 1, 1994. The net result was that the petitioner was not getting his salaries after the said order of transfer was made by a Radiogram message on December 2, 1993, nor he has been granted any leave and nor he was permitted to perform his duties from July 1, 1994 even though on July 18, 1994 he was allowed to join in the said posting.


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