NARINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Since common question of law and facts are involved in all these four applications, therefore they are being disposed of by this common order.

(2.) The applicants in these original applications are aggrieved by the order dated 24.6.11.2004 whereby the Deputy Director Education has directed the, Principals/Headmaster of the concerned school that salary cases of the surplus period be examined in the light of instructions contained in letter dated 21.6.2004 and that the period of being surplus be treated as leave without pay and not regularized by granting leave of the kind due. As per instructions dated 21.6.2004 referred to above, the aforesaid instructions have been ordered to be observed by the concerned.

(3.) The common case of the applicants is that pursuant to their respective transfer orders, they joined their duties at the stations to which they were transferred. However, the incumbents of the posts to which the applicants were respectively transferred filed original applications challenging their respective transfer in which operation of transfer orders were stayed by this Tribunal. However, having join at the places to which the applicants were transferred they continued toward there and were not declared surplus nor were asked to join at another place. However on the strength of aforesaid instructions, respondents did not release the salaries for the months of October 2003 to November, 2003 in respect of Hukam Chand applicant in OA. No. 336/05, for the months of September and October, 2003 in the case of Ram Chander applicant in OA No. 339/05, for the months of August 2002 to December, 2002 in case of Surinder Kumar applicant in OA. No. 329/05 and for the months of July, 2003 to September, 2003 in case of Narinder Kumar applicant in OA No. 334/05. Aggrieved by the action of the respondents, the applicants filed present original applications for directions to the respondents to release salaries without treating their period of duty as a period without pay or leave of the kind due.