M.Y.EQBAL, J. - (1.) IN this writ application the petitioner has prayed for issuance of a direction upon the respondents for payment of arrears of salary for the period from 18.7.2000 to 26.12.2000.
(2.) PETITIONER 's case is that he is a permanent employee of respondent -Bharat Coking Coal Limited(in short BCCL) and while posted at Enna Colliery, Kustore Area, BCCL he applied for his transfer to Sendra Banijora Colliery, Sijua Area in the same capacity which was duly approved by the respondents on 23.3.2000. Consequently, the transfer order was issued transferring the petitioner to Sijua Area vide Office Order dated 23.6.2000. Petitioner's further case is that he was relieved with effect from 18.7.2000 and submitted his joining on the same day i.e. on 18.7.2000 alongwith the relevant documents. It is stated that inspite of his joining he was not given place of posting as a result of which he used to go to the office everyday but was not assigned any job. Petitioner, thereafter, filed representation on 24.8.2000 before the Deputy Chief Personnel Manager, Sijua Area. The Deputy Chief Personnel Manager vide letter dated 25.8.2000 directed the Project Officer, Fire Project, Ena Colliery to make necessary correction in the service particulars of the petitioner and return the same. In the meantime, petitioner's brother died and as such he applied for leave before the General Manager, Sijua Area on 2.12.2000 which was granted to him. Petitioner came back from leave and gave his joining on 11.12.2000 and further requested for grant of Casual Leave from 12.12.2000 to 15.12.2000. To his utter surprise, petitioner received an order contained in letter dated 18.12.2000 issued under the signature of Deputy Chief Personnel Manager by which the petitioner was informed that no relief can be granted to him as he has already been transferred to Loyabad Coke Plant vide order dated 22.8.2000 but he has not given his joining there. Petitioner's further case is that he has no information about his posting at Loyabad Coke Plant and he came to know about this fact for the first time on 23.12.2000. Petitioner therefore, immediately gave his joining at Loyabad on 27.12.2000 under protest. Petitioner is, therefore, claiming his salary from 18.7.2000 to 26.12.2000 during which he performed duty at Sendra Colliery
(3.) IN the counter affidavit filed by the respondents it is admitted that on request petitioner was transferred from Enna Fire Project, Kustore Area to Sijua Area where he reported his duty on 18.7.2000 after being relieved with effect from the same day. However, it is stated that subsequently, petitioner was posted at Loyabad Coke Plant but he did not report to his duty and refused to join at Loyabad Coke Plant and remained absent at his own sweet will till 26.12.2000. Petitioner reported his duty on 27.12.2000. It is stated that petitioner has again been transferred to Sendra Bansjora Colliery from Loyabad Coke Plant vide order dated 15.2.2001.;