- (1.) THIS application has been preferred by petitioner against clause 5 of Memo No. 693 dated 14th March, 2000, whereby and whreunder, the District Superintendent of Education, Jamshedpur, East Singhbhum withheld the salary of the petitioner for the period from 5th March, 1998 to 20th May, 1999.
(2.) THE petitioner has taken plea that he has worked during the period from 5th March, 1998 to 20th May, 1999. On the other hand, the District Superintendent of Education, Jamshedpur has taken stand that there was no trace of petitioner being on duty. To find out the claim and counter claim it is better to refer the order contained in Memo No. 693 dated 14th March, 2000, English version of the order reads as follows: - "Though Shri Triguna Nand Pathak, Assistant Teacher was relieved on 16th October, 1997 vide memo 4387 dated 6th October, 1997 from Primary School, Nimtola, Jamshedpur -2 for Middle School, Potka -1, after adjusting him against a vacant post of matric trained scale of pay in pursuance of the decision of the Establishment Committee dated 13th September, 1997, for the purposes of payment, as he was continuing beyond the sanctioned post. Shri Pathak violating the order continued at Primary School, Nimtola, Jamshedpur -2. ti!! 4th March, 1998 and on the ground or disability, he filed CWJC No. 2134 of 1998(R) before the Ranchi Bench of Hon ble Patna High Court against the adjustment order issued vide memo No. 4387 dated 6th October, 1997. In the meantime, as per direction of the department Shri Pathak was deputed for in service tenure training from 31st May, 1999. Again by order dated 19th August, 1999 of Hon ble High Court passed in CWJC No. 2134 of 1998(R), direction was given to take decision on the representation of Shri Pathak. In the circumstances, taking into account the representation filed in the light of decision in CWJC No. 2134/98(R) and that the salary had not been paid since October, 1997, and disability of petitioner and on sympathetic consideration, as per direction of Deputy Commissioner -cum -Chair -man, District Education Establishment Committee, East Singhbhum, in special circumstances and on humanitarian ground Shri Triguna Nand Pathak, transferred and relieved Teacher, Primary School, Nimtola, Jamshedpur -2 is adjusted and posted in a School nearer to his residence against matric trained scale vacant post and to remove the technical difficulties, following order is passed: (1) Paper posting is made to Middle School, Shankarda, Potka -1 for the purpose of payment of salary for the period of October, 1997 to 4th March, 1998 and 21st May 1999 till the date of issuance of letter. (2) The payment of salary for the period mentioned at serial 1 shall be made on the basis of absentee statement from the paper posting School, Middle School, Shankarda, Potka -1. (3) After the date of issuance of the letter, salary shall be payable on the basis of absentee statement from the Establishment of Primary School, Pradhan Tola, Jamshedpur -2. (4) After relieve from training, Shri Pathak will join Primary School, Pradhan Tola. (5) During the period from 5.3.1998 to 20.5.1999 for not complying with the departmental direction and for sign in his own Attendance Register, period from 5th March, 1998 to 20 May, 1999 shall :be treated as absence from duty and the salary shall remain withheld. District Superintendent of Education, East Singhbhum, Jamshedpur" From the impugned order dated 14th March, 2000 it is clear that after the transfer there was no post vacant to accommodate the petitioner. For the said reason he has been adjusted against a metric trained scale vacant post by the order dated 14th March, 2000 to enable him to draw the salary. On the direction of the High Court, the representation was decided in favour of petitioner even in respect to the period he had not joined the transferred School, there being no vacancy. The petitioner even in respect to the period he had not joined the transferred School, there being no vacancy. The petitioner was not allowed to sign in the general Attendance Register during the period from 5th March, 1998 to 20th May, 1999 has not been disputed by the respondents. On the other hand it has been accepted by the authority that the petitioner signed but in a separate attendance register.
(3.) EVEN if the stand taken by the respondents is accepted that the petitioner had not obeyed the transfer order but it is clear that there was no occasion for the petitioner to join the transferred post there being no vacancy.;