KULESHWAR MAHTO Vs. GENERAL MANAGER, P & R (PERSONNEL), CCL, DARBHANGA HOUSE, RANCHI
LAWS(JHAR)-2009-9-144
HIGH COURT OF JHARKHAND
Decided on September 09,2009

Kuleshwar Mahto Appellant
VERSUS
General Manager, P And R (Personnel), Ccl, Darbhanga House, Ranchi Respondents

JUDGEMENT

- (1.) .Heard the parties and with their consent, this writ petition is being disposed of at this stage itself.
(2.) THE petitioner, a Dumper Driver was transferred from Eastern Coalfields Limited, Jhanjharpur Coal bearing area to the Central Coalfields Limited, Ranchi by issue of letter dated 19.01.2001 as contained in Annexure -1 and the petitioner was directed to report for his duties to the General Manager (P and IR), CCL, Ranchi. It is stated by the petitioner that pursuant to the said order of transfer, he joined Head Quarters of CCL at Ranchi on 22.01.2001. It is further stated that it is only by issue of office order dated 06.06.2001, as contained in Annexure -3, the petitioner was posted at Dakra Project of Central Coalfields Limited to work as a Dumper Operator. The grievance of the petitioner is that for this intervening period i.e. the date when he joined the headquarters at Ranchi on 22.01.2001 till he joined his new place of posting pursuant to Annexure -3 dated 06.06.2001, he has not been paid his salary and house allowance though he made representation for payment of salary as well as allowance. It is stated further that the petitioner was not allowed to join at Dakra Colliery i.e. the place of posting for about one month on the ground that there was some spelling mistake in the name, which was wrongly mentioned as Kanbeshwar Mahto in place of Kuleshwar Mahto. He could join only on 07.07.2001 at Dakra Colliery.
(3.) COUNTER affidavit has been filed on behalf of the respondent Central Coalfields Limited and in paragraph -12 of the counter affidavit, it has been stated that after the duty on 22.01.2001, the petitioner never attended respondent Companys Headquarters at Ranchi. He did not put his attendance in the Attendance Register meant for the purpose. After reporting on 22.01.2001, he attended the Headquarters only on and from 17.03.2001 and onwards. In support of such statements, a Chart showing attendance for the month of March, 2001 and onwards has been annexed as Annexure -B to the counter affidavit.;


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