Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioner has inter alia prayed for quashing order as contained in memo dated 17.12.2013 whereby petitioner's salary has been denied for his non-posting period i.e. from 13.03.2012 to 04.07.2013; and for direction upon the respondents to pay the salary for the said period i.e. from 13.03.2012 to 04.07.2013 and also for direction upon the respondents to pay the consequential benefits of periodical increments for the years 2012 and 2013 including the arrears of salary arising out of such effect.
(2.) The facts, as delineated in the writ application, shorn of unnecessary details is that the petitioner, who is presently functioning as a Block Extension Educator in the Department of Health & Family Welfare, knocked the door of this Court by way of filing W.P. (S) No. 3852 of 2011 seeking promotion on the post of 'Block Extension Educator', which was disposed of vide order dated 10.10.2011 with a direction to Director-in-Chief, Health Services, Jharkhand, Ranchi to consider the case of the petitioner for promotion on the said post from the date when his juniors have been promoted. However, when the said order was not complied with, the petitioner filed Contempt Case (C) No. 810 of 2011, in which, the Opp. Parties filed show cause affidavit annexing memo dated 15.02.2012 whereby a decision was taken to promote the petitioner to the post of Block Education Educator w.e.f. 02.04.2008. Considering the facts aforesaid, the contempt proceeding was dropped with liberty to challenge the order before the appropriate forum which was dropped vide order dated 29.02.2012. It has further been averred that pursuant to order dated 15.02.2012, the petitioner reported before Civil Surgeon, Godda, who vide order dated 13.03.2012 directed to submit his joining before the Medical Officer, In-charge Sunderpahari Godda. Accordingly, he submitted his joining before Medical Officer, Incharge Sunderpahari, Godda on 13.03.2012 itself, but the same was refused on the ground that the petitioner remained unauthorized absent on his previous place of posting. Aggrieved thereof, the petitioner again preferred Cont. Case (C) No. 583 of 2012, in which, the Opp. Parties submitted that the joining of the petitioner on the promoted post was accepted on 13.03.2012 itself and it is the petitioner who remained unauthorized absent after joining. Accordingly, the contempt proceeding was dropped. It has further been averred in the writ application besides filing Contempt Petition (C) NO. 583 OF 2012, the petitioner also filed W.P. (S) No. 6817 of 2012 for acceptance of his joining dated 13.03.2012 and also for arrears of salary. The said writ petition was disposed of vide order dated 01.05.2013 in view of the assurance given by the respondents that they are ready to accept joining and pass order regarding payment of salary, provided the petitioner appears and files his claim before Director-in-Chief, Health Services, Jharkhand. Again, the petitioner filed Cont. Case (Civil) No. 546 of 2013 for non-compliance of order dated 01.05.2013 passed in W.P. (S) No. 6817 of 2012 stating that though his joining was accepted w.e.f 13.03.2012 but salary for the period 13.03.2012 to 04.07.2013 has not been paid to him. But, the Cont. Case No. 546 of 2013 stood dismissed for non-prosecution vide order dated 07.08.2015.
(3.) It has further been averred that pursuant to order dated 01.05.2013 passed by this Court in W.P. (S) No. 6817 of 2012, the petitioner submitted representation before the Director-in-Chief, Health Services for the salary for the period 13.03.2012 to 04.07.2013 which was rejected vide order dated 17.12.2013, which is impugned in this case.;