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2006 Supreme(Pat) 157
PATNA HIGH COURT
Narayan Roy, J.
Om Prakash
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 4123 of 2000 ;
Decided On : FEBRUARY 10, 2006
The court upheld the petitioner's entitlement to due salary and seniority while waiting for posting based on the acceptance of the claim as admissible and the lack of a counter affidavit from the respondents.
Headnote:
Salary - Petitioner's Due Salary - The court directed the respondent authorities to make payment of the petitioner's due salary for the period he was waiting for posting, and also ensured his seniority from the date of joining.
Fact of the Case:
The petitioner sought direction for payment of his due salary for the period he was waiting for posting and for ensuring his seniority from the date of joining.
Finding of the Court:
The court found that the petitioner's claim for payment of due salary was accepted as admissible, and the respondent authorities were directed to make the necessary payment within four weeks. The ancillary prayer of the petitioner was also allowed to be represented before the respondent authorities.
Issues: The issues involved the petitioner's entitlement to due salary and seniority while waiting for posting.
Ratio Decidendi: The court relied on the acceptance of the petitioner's claim as admissible and the lack of a counter affidavit from the respondents to direct the payment of due salary and consideration of the ancillary prayer.
Final Decision: The court directed the respondent authorities to make payment of the petitioner's due salary for the period he was waiting for posting and allowed the petitioner to represent the ancillary prayer before the respondent authorities.
1. Heard counsel for the parties.
2. The petitioner seeks direction upon the respondents to make payment of his due salary for the period he was waiting for posting with . effect from 2.9.1985 to 9.10.1985 and also for a direction to ensure his seniority with effect from the date of his joining.
3. Learned counsel for the petitioner submitted that the claim of the petitioner for payment of due salary was examined by the District Education Officer, Bhojpur, who vide order, as contained in annexure 7, requested the Deputy Director (Appointment Section), Secondary Education, Government of Bihar, Patna to make payment of due salary to the petitioner for the period he was waiting for posting for no fault of his own in between 2.9.1985 and 9.10.1985 treating him in services and the letter, as contained in annexure 7, is dated 7.7.1993. It is also submitted that till date, the due salary of the petitioner, as referred to above, has not been paid to him.
4. From annexure 7, prima facie, it is evident that the claim of the petitioner has been accepted as admissible. On this account, necessary payment was required to be paid to the petitioner, unless any contrary decision would have been taken by the Deputy Director, Secondary Education, Government of Bihar, Patna, to whom letter, as contained in annexure 7, was addressed.
5. No counter affidavit has been filed on behalf of the respondents.
6. In the given facts and circumstances of the case, the respondent authorities are directed to make payment of the due salary of the petitioner for the period he was waiting forposting forthwith and not beyond a period of four weeks from the date of receipt/production of a copy of this order.
7. So far the ancillary prayer of the petitioner is concerned, he may represent before the respondent authorities, which would be considered and disposed of in accordance with law.
8. With the direction/observation aforesaid, this application is disposed of.
