Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner seeks for direction upon respondents for release of arrears of salary for the period from 09.07.2006 to 07.05.2007 and for direction upon the respondents for release of arrears of difference of salary which is due prior to 15.11.2000 amounting to Rs.20,000/- alongwith interest and for payment of travelling allowance which the petitioner has incurred in course of transit to give his joining at transferred place of posting i.e. to the tune of Rs.20,000/-. The petitioner has further prayed for quashing the order dated 28.11.2008 as contained in memo no.3443 by which the District Education Officer Bhagalpur treated the period from 14.07.2006 to 07.05.2007 as (a) From 14.07.2006 to 26.10.2006 as a period of Earned Leave. (b) From 27.10.2006 to 07.05.2007 as extra ordinary leave.
(2.) The averments made in the writ application in a nutshell is that petitioner joined as Laboratory Assistant in the erstwhile State of Bihar and after bifurcation, the petitioner's cadre was allocated to the State of Bihar. Accordingly, the petitioner was relieved from the State of Jharkhand on 08.07.2006 to report the State of Bihar as per cadre bifurcation. After being relieved from the State of Jharkhand, the petitioner submitted his joining before respondent no.9 on 14.07.2006. The petitioner was forced to remain at Headquarter fairly for pretty long period and vide order dated 07.05.2007 issued by respondent no.9, the petitioner was posted at Bhagalpur in Inter level Shree Marwari Pathshalla. In pursuance of the said order, the petitioner joined in the place of posting and continued his duties. But the salary for the period from 09.07.2006 to 07.05.2007 has not been paid to the petitioner. For which, the petitioner has submitted series of representations which failed to evoke any response. It has further been averred in the writ application that the petitioner has not been given the benefit of difference of arrears of salary which is due prior to 15.11.2000 to the tune of Rs.20,000/- for which he was also submitted representations and the order was passed vide order dated 28.11.2008 total period from 14.07.2006 to 07.05.2007 has been bifurcated into two parts i.e. (i) 14.07.2006 to 26.10.2006 has been converted as Earned Leave and (ii) 27.10.2006 to 07.05.2007 as extra ordinary leave as evident from Annexure-6 to the writ application. Thereafter, the petitioner has been allocated the State of Jharkhand cadre and after being relieved from Bhagalpur, the petitioner resumed his duty in Secondary Education Directorate, Jharkhand on 01.12.2008 and thereafter, joined at S.S.+ 2 High School, Bero, Ranchi. It has further been averred in the writ application that the petitioner is entitled to arrear of salary from 09.07.2006 to 07.05.2007 as per Rule 14(b) of the Jharkhand Service Code and therefore, the impugned order dated 28.11.2008 being contrary to the said provision is liable to be set aside. Being aggrieved by the impugned order dated 28.11.2008, the petitioner left with no other alternative, has been constrained to knock the doors of this Court under Article 226 of the Constitution of India for redressal of his grievances.
(3.) Learned counsel for the petitioner has strenuously urged that the action of the respondents in withholding the arrear of salary for the period from 14.07.2006 to 07.05.2007 by passing the impugned order dated 28.11.2008 being contrary to the provision of Rule 14(b) of the Jharkhand Service Code is not legally sustainable. Learned counsel for the petitioner further submits that the respondents on flimsy and untenable grounds have passed the impugned order on the pretext that the petitioner failed to put his signature in the attendance register but nowhere of employee while awaiting for posting is supposed to make in the attendance register. Therefore, action of the respondents cannot be countenanced in the eye of law in view of Rule 14 (b) of the Jharkhand Service Code.;