N.N.TIWARI, J. - (1.) THE grievance of the petitioner is that despite he has worked from 22.1.1997 to 31.12.1997, the salary was not paid to him. The benefits of 1st and 2nd ACP were sanctioned as far back as on 19.12.2005, but till date, the monetary benefits thereof have not been given to the petitioner in spite of his repeated requests and representations.
(2.) A counter -affidavit has been filed on behalf of the respondents contesting the petitioner's claim for his salary. It has been stated that the petitioner had not worked during the period from 22.1.1997 to 31.12.1997 and, as such, he is not entitled to get his salary. So far as benefits of 1st and 2nd ACP are concerned, it has been admitted that the same was sanctioned by letter No. 4099 dated 19.12.2005. 2.3. After going through the counter -affidavit, I find that there is no mention of any such order earlier by the department to withhold the salary of the petitioner on the ground of his absence for the period from 22.1.1997 to 31.12.1997. Learned Counsel for the petitioner submitted that the petitioner all along worked and he was not absent during the said period and false plea has been taken by the respondents for illegally denying the petitioner's salary for the said period. Further, though the respondents have admitted that the petitioner's 1st and 2nd ACP have been sanctioned, there is no statement regarding payment of the benefit thereof.
(3.) CONSIDERING the above, this writ petition is disposed of with the following directions: 1. The respondents shall serve the order by which and for the reasons, the petitioner's salary for the period from 22.1.1997 to 31.12.1997 has been withheld. If the order to that effect has not been passed in accordance with the prescribed procedure and rule, the respondents shall issue the memo to that effect giving the reasons for such decision and also asking the petitioner to file his reply to such reason and thereafter shall proceed with the matter in accordance with the prescribed rule and pass appropriate order. 2. Since the respondents have admitted that 1st and 2nd ACP of the petitioner have been sanctioned, monetary benefit including the arrears thereof must be paid to the petitioner within a period of two months from the date of receipt/production of a copy of this order. Petition disposed of.;