Shree Chandrashekhar, J. - (1.) CHALLENGING order dated 04.04.2013 whereby, the claim of the petitioner for payment of salary between the period 12.09.1999 and 08.07.2003 has been rejected, the petitioner has approached this Court. The brief facts of the case are that, the petitioner was appointed as clerk in Kartik Oraon Project Girls High School, Rola, Singhbhum on compassionate ground by letter dated 18.04.1988. Thereafter, due to agitation by the villagers he could not perform his duty. The petitioner gave several representations for his transfer however, he was not transferred and thereafter, the petitioner approached this Court by filing a writ petition being C.W.J.C. No. 1398 of 2000 for his transfer from West Singhbhum to any other office within the district of Supoul (Bihar). After the bifurcation of the State, the petitioner again preferred a writ petition being W.P.S. No. 1031 of 2002 which was disposed of on 07.02.2002 giving a liberty to the petitioner to file a representation to the Director, Secondary Education, Jharkhand, and the Director, Secondary Education, Jharkhand was directed to dispose of the representation of the petitioner within two months. Since the order dated 07.02.2002 was not complied with, the petitioner was constrained to prefer a Cont. (C) No. 474 of 2002, during the proceeding of which an order of transfer was passed whereby the petitioner was transferred from the Kartik Oraon Project Girls High School, Rola (West Singhbhum) to Project Girls High School, Tamar, Ranchi. The petitioner joined the said post on 09.07.2003. Thereafter, he has been paid his salary. Since the petitioner was denied the salary between the period 12.09.1999 and 08.07.2003, as the claim of the petitioner as been rejected by order date 04.04.2013 the petitioner has approached this Court.
(2.) HEARD learned counsel for the parties and perused the documents on record. The learned counsel appearing for the petitioner submits that since the petitioner could not be transferred inspite of representation made by him, no fault can be found on the part of the petitioner and on that count, salary to the petitioner for the said period cannot be denied. He has further submitted that the authorities have continued to pay the salary to the petitioner prior to September, 1999 and after July, 2003. The petitioner has to approach this Court on several occasions however, the order of transfer was not passed by the respondents and therefore, the petitioner is entitled for salary between the period 12.09.1999 and 08.07.2003.
(3.) AS against the above, the learned counsel appearing for the respondent -State of Jharkhand has resisted the prayer of the petitioner. On a perusal of the impugned order dated 04.04.2013, I find that since the petitioner has given his joining directly to the Headquarter instead of reporting to the District Education Officer, West Singhbhum, the petitioner's case for transfer was not considered. When this matter was brought to the notice of the authorities, during the proceeding of Cont. (C) No. 474 of 2002, the petitioner was transferred and he joined on 09.07.2003 and thereafter, the petitioner has been paid regular salary. From perusal of the materials on record, I do not find any material to conclude that the petitioner is entitled for grant of payment between 12.09.1999 -08.07.2003. It was open to the petitioner in the earlier proceeding of C.W.J.C. No. 1398 of 2000 and W.P. (S) No. 1031 of 2002 to claim payment of salary after the period 12.09.1999. I further find that the orders passed in the earlier proceedings when the petitioner moved the Court, have not been brought on record. Admittedly, the petitioner did not work between the period 12.09.1999 and 08.07.2003 and therefore, I am not inclined to interfere in this matter. Accordingly, the writ petition is dismissed.;