Virender Singh, C.J. - (1.) The instant appeal has been placed before us as the appellant -writ petitioner has not removed the defects within the stipulated period, as one finds from the order of the Registrar General dated 5.8.2015. We have seen the noting of the Registry with regard of six defects pointed out therein. We ignore those defects and take up the main appeal for our consideration to save the time of the Court. The appellant -writ petitioner is aggrieved of the dismissal order dated 6.5.2015 passed in W.P.(S) No. 158 of 2013 whereby, his prayer seeking quashing of letter dated 13.9.2012 issued by the respondent No. 3 (District Superintendent of Education, Hazaribagh), whereunder his application dated 19.6.2009 for sanction of leave on medical ground for the period 3.11.2002 to 17.11.2003 was rejected.
(2.) The petitioner, who was working as In -charge Headmaster under the respondent -Human Resources Development Department was transferred to Keredari vide order dated 11.10.2002, which was challenged by him in W.P.(S) No. 5936 of 2002, which was disposed of on 1.11.2002 directing the Deputy Commissioner, Hazaribagh to dispose of the representation of the petitioner vis   -vis the aforesaid transfer. Admittedly, there was no stay of the transfer order. The representation of the petitioner was considered and a fresh order was issued on 21.10.2003. The petitioner, however, filed another writ petition before the Court being, W.P.(S) No. 6625 of 2004 claiming salary from the period 1.11.2002 to 17.11.2003 taking the plea that he had challenged the transfer order dated 11.10.2002 in the previous writ petition. In fact, the petitioner made an attempt to seek approval for the said period to be treated as leave on medical ground, as he was suffering from pancreatic illness and he was unable to work during the said period. The petitioner's claim for salary for the aforesaid period from 1.11.2002 to 17.11.2003 was disposed of by the learned Single Bench of this Court in the aforesaid W.P.(S) No. 6625 of 2004 vide order dated 22.12.2004 directing him to pursue his representation, which was rejected by letter dated 13.9.2012 giving him cause to knock the door of the writ court through the medium of W.P.(S) No. 158 of 2013.
(3.) We find from the impugned order of the learned Single Judge that the case of the petitioner has been considered on the touchstone of Rule 265 of the Jharkhand Service Code which is quoted hereinbelow: - "A Government servant who does not join his post within his joining time is entitled to no pay or leave salary after the end of the joining time. Wilful absence from duty after the expiry of joining time may be treated as misconduct for the purpose of Rule 56." Since the petitioner has not worked during the aforesaid period in compliance of the order of transfer, his claim for salary has been rightly rejected considering the relevant provision of Jharkhand Service Code i.e. Rule 265. We, therefore, finding no infirmity in the impugned order, are not inclined to interfere with the same in the instant Letters Patent Appeal, which merits dismissal. Resultantly, the instant appeal is dismissed.;