- (1.) The petitioner has approached this Court seeking a direction upon the respondents for payment of arrear of salary to the petitioner from October, 2001 till 17th May, 2005. The brief facts of the case are that the petitioner was appointed on the post of Junior Engineer by Public Works Department, Government of Bihar on 27.2.1973 and he submitted his joining on 3.8.1973 Vide order dated 24.1.2002 the petitioner was transferred and posted to Works Division, Baghmara in place of one Tirath Narayan Jha where he has submitted his joining on 25.1.2002. On 14.2.2002, the transfer of said Tirath Narayan Jha was cancelled and by order dated 11.5.2002 the services of the petitioner was placed in the office of Deputy Commissioner, Dhanbad where he discharged his duties till 13.12.2004. Thereafter, he was transferred to Works Division, Chas. The petitioner performed his duties between 13.12.2004 to 17.5.2005 at Works Division, Chas and he was again transferred to Works Division, Dhanbad on 17.5.2005. As the petitioner's salary between the period October, 2001 till 17.5.2005 was not paid, though he continued discharging the duties at different places where he was posted, he has moved this Court.
(2.) A counter affidavit has been filed admitting that the petitioner was transferred in place of Tirath Narayan Jha and the transfer of said Tirath Narayan Jha was stayed and therefore, payment could not be made to the petitioner, as in the said office there was only one sanctioned post against which the said Tirath Narayan Jha was posted. Paragraph Nos. 12 to 15 of the counter affidavit dated 15.2.2011 filed on behalf of the respondent No. 4 are extracted below:-- 12. That in reply to statement made in Para-14 of the writ petition it is stated and submitted that as the transfer of Tirath Narayan Jha was stayed, payment could not be made to the petitioner as the division cannot make payment to two persons against one sanctioned post. 13. That in reply to statement made in paras-15 to 18 of the writ petition it is stated and submitted that they require no comments. 14. That in reply to statement made in para-19 of the writ petition it is stated and submitted that it has already been dealt in para-5 of the counter-affidavit. 15. That in reply to statement made in paras-20 to 23 of the writ petition it is stated and submitted that the petitioner has claimed for payment of his salary from November, 2001. The petitioner was not able to take charge of any section from 2.2.2002 to 17.5.2005. The petitioner has applied for regularization of his service for the said period. The application of the petitioner has been forwarded to the Engineer-in-Chief, R.E.O., Jharkhand, Ranchi for his approval.
(3.) A supplementary counter affidavit dated 16.1.2012 has been filed by respondent No. 4 bringing on record an office order dated 5.1.2012 whereby the claim of the petitioner has been rejected on the ground that the period between 3.2.2002 and 19.8.2005 has been treated as unauthorised absence.;