- (1.) THE petitioner has filed this writ petition for quashing the order dated 10th July, 2009 (Annexure -11) passed by the Deputy Secretary, Human Resources Development Department, Government of Jharkhand and also for a direction on the respondent to pay the arrears of salary for the period from 24th August, 1999 to 7th February, 2000 (during which the petitioner was under suspension) and for the period from 7th February, 2000 to 11th May 2001 (during which the petitioner was kept waiting for posting).
(2.) THE petitioner is a member of State Education Service, Class I and is posted as Deputy Director, Higher Education, Government of Jharkhand. It has been stated that in December, 1998 while he was posted as the District Education Officer, Bokaro, the petitioner was transferred and posted as Assistant Director, Mass Education by notification dated 31st December, 1998. Pursuant to the transfer order, the petitioner had submitted his joining on 10th July, 1999 before the Director, Mass Educatioin, Secondary, Primary and Adult Education Department, Government of Bihar in anticipation of his reliving from Bokaro. Since Election was notified, in view of the provision of Code of Conduct no successor was sent to the post of District Education Officer, Bokaro. The District Election Officer cum Deputy Commissioner, Bokaro vide Memo no.98 dated 18th August, 1999 had informed the Secretary, Secondary, Primary & Adult Education Department, Government of Bihar that it was not possible to relieve the petitioner from the post of District Education Officer, Bokaro, though the petitioner had submitted his joining on 18th August, 1999 before the Directorate, Mass Education. The petitioner was suddenly put under suspension by Notification No.382 dated 24th August, 1999. The Petitioner's suspension was revoked vide Notification no.106 dated 7th February, 2000. Even, thereafter, the petitioner was not given posting. He was kept waiting for posting. After a long time, the petitioner was posted as Deputy Director, Primary Education by Notification No.373 dated 11th May, 2001. Pursuant to the said notification, the petitioner submitted his joining and assumed the charge of the office of the Deputy Director, Primary Education with effect from 12th May, 2001. During the period he was kept waiting for posting, his salary was not paid. It has been submitted that the petitioner is entitled to get the arrears of salary of the said period along with other benefits. The petitioner's claim for salary of the aforesaid period has been disputed on the plea that after revocation of his suspension, the petitioner had given his joining before the Director, Administration cum Deputy Secretary, Secondary, Primary and Adult Education, Bihar, but he was not posted. In the mean while, State of Jharkhand was created after reorganization of the then State of Bihar. The petitioner was then posted as Deputy Director, Primary Education in the State of Jharkhand by Notification No.373 dated 11th May, 2001. The intervening period spent in the State of Bihar was not regularized in Jharkhand. However, the period was not treated as break in service. In view of the resolution of Finance Department No.3014 dated 31st July, 1980, the said period has been counted as service period for the purpose of calculation of pension, etc. Learned J.C to G.P.II appearing on behalf of the respondents referred to the above letter and submitted that the petitioner was not posted within the said period anywhere, and as such he is not entitled to get salary of the said period. However, the said period shall be counted for the purpose of fixation of his pension and other retiral dues. Learned counsel for the petitioner submitted that the posting was in the hands of the department. There was no fault on the part of the petitioner. The respondents kept him waiting for posting. After creation of the State of Jharkhand, the petitioner was allocated State of Jharkhand and was posted as Deputy Director, Primary Education. His joining was accepted by the concerned authority without any condition. In view of the acceptance of joining without any objection or condition and also that the petitioner was kept waiting for posting for his no fault, salary for the said period can not be denied to the petitioner.
(3.) HAVING heard learned counsel for the parties, I find substance in the submissions of learned counsel for the petitioner.;