- (1.) By Court Heard learned counsel for the parties.
(2.) The writ petition was preferred in the year 2005 for payment of arrears of salary for the month of February, 1999, February, 2000 and from February, 2001 to 2002 as also the increments.
(3.) The petitioner, a Junior Engineer in Public Works Department, was transferred to Chaibasa in the year 1988 under National Rural Employment Project at Chaibasa. Thereafter, he was transferred on 30th December, 2000 from Noamundi Block to Chandil Block by Deputy Development Commissioner, West Singhbhum, Chaibasa. After being relieved from Nuamundi on 5th February, 2001 by Block Development Officer, Nuamundi, the petitioner proceeded to join at Chandil. However, Block Development Officer, Chandil vide letter dated 20th March, 2001, Annexure2 addressed to the Deputy Development Commissioner, West Singhbhum, Chaibasa reported that there is no vacancy available and his services were being returned. The petitioner claims to have submitted his joining once again at Nuamundi on 31st March, 2001, Annexure3. Thereafter, he was again transferred to Khutpani Block on 8th March, 2002, whereupon he proceeded to join on 11th March, 2002. Thereafter, he raised his grievances through a representation at Annexure4 for payment of arrears of salary for the said period from February, 2001 to February, 2002 and also for other two months of February, 1999 and February, 2000. Vide Annexure5 dated 21st April, 2003, the respondent no. 4, Block Development Officer, Khutpani Block, West Singhbhum intimated the Deputy Development Commissioner, Chaibasa that though salary from the month of March, 2002 is being paid, but in the absence of any entry in his service book for the period 21st March, 2001 to 11th March, 2002, salary could not be paid. Since then the claim of the petitioner is pending and now he has retired in the year 2014.;