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2017 Supreme(Jhk) 1503
IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.N. Pathak, J.
Madhu Kumari - Appellant
Vs.
State of Jharkhand & Ors. - Respondents
W.P.(S) No. 5606 of 2017
Decided On : 04-10-2017
Advocate Appeared:
For the Appellant : Vishal Kumar Tiwary
For the Respondents: Jai Prakash
The main legal point established in the judgment is that in cases of waiting for posting after an Inter-State Mutual Transfer, where the employee is not at fault, the salary for the waiting period cannot be denied.
Headnote:
Salary Arrears - Inter-State Mutual Transfer - Bihar Reorganisation Act, 2000, Section 3 - W.P.(S) No. 7531 of 2012, W.P.(S) No. 4319 of 2015, W.P.(S) No. 3989 of 2015, W.P.(S) No. 5481 of 2015 - The court directed the respondents to regularize the services of the petitioner and pay the arrears of salary for the period from 30.3.2012 to 15.02.2013 within four weeks from the date of receipt/production of a copy of this order.
Fact of the Case:
The petitioner sought payment of arrears of salary and regularization of services for the period from 30.3.2012 to 15.02.2013, following an Inter-State Mutual Transfer. The petitioner had joined a new office and was waiting for posting, during which the salary was not paid.
Finding of the Court:
The court found that the petitioner was not at fault and was kept waiting for posting for no fault of hers, and therefore, the salary for the said period cannot be denied to the petitioner.
Issues: The main issue was the non-payment of salary arrears and the non-regularization of services for the waiting period after an Inter-State Mutual Transfer.
Ratio Decidendi: The court relied on previous judgments and observed that the petitioner was not at fault and was kept waiting for posting for no fault of hers, and therefore, the salary for the said period cannot be denied to the petitioner.
Final Decision: The court directed the respondents to regularize the services of the petitioner and to pay the arrears of salary for the period from 30.3.2012 to 15.02.2013 within four weeks from the date of receipt/production of a copy of this order.
S.N. Pathak, J.
The petitioner has approached this court with a prayer for directing the concerned respondents for making payment of the arrears of salary of the petitioner for the period from 30.3.2012 to 15.02.2013, which has not been paid, as the petitioner was waiting for posting after Inter-State Mutual Transfer and gave her joining under Director, Primary Education on 30.3.2012 and thereafter the petitioner was posted to the Office of District Superintendent of Education, Ranchi vide order dated 16.02.2013. Further prayer has been made to direct the respondent No. 2 for regularize the services of the petitioner, as the payment for salary of the Waiting for Posting period can only be paid after the service regularization of the petitioner and till date the service of the aforesaid period has not been regularized by the concerned respondent, in spite of several requests & representations.
Factual Matrix:
2. The petitioner joined on 22.09.1994 as Assistant Teacher, Primary School, Mohanpur, Sherghati, Gaya. Thereafter the petitioner was transferred to Primary School, Kanjear, Dobhi, Gaya on 28.01.2008. By the Inter State Mutual Transfer, which was done in light of Section 3 of Bihar Reorganisation Act, 2000 the petitioner was mutually transferred to the State of Jharkhand vide order dated 30th June, 2011, issued from the department of Home (Special) Department, Govt. of Bihar. A letter was issued by Block Education Officer, Dobhi, Gaya to District Programme Officer (Establishment Branch), Gaya dated 14th March, 2012, wherein it was mentioned that as the petitioner has been mutually transferred to the State of Jharkhand vide letter dated 30.6.2011, issued from Home (Special) Department, Govt. of Bihar, as such the petitioner is relieved to join in the transferred State. Thereafter a letter was issued from the Office of District Education Officer, Gaya vide Letter dated 29.03.2012 being Memo No. 405 wherein the petitioner was relieved from the Office of District Education Officer, Gaya and she was directed to join in the Office of Director, Primary Education, Jharkhand, Ranchi on 30.3.2012. After the petitioner joined in the office of Director, Primary Education, Jharkhand, at Ranchi the petitioner was regularly attending the said office and was properly obeying the orders of the superior and she was making herself available for the direction given to her and she was performing with the same without any complaint from any corner. A letter was issued, whereby the petitioner along with other similarly situated teachers were given their district posting. It is stated that as the petitioner was given posting at Lohardaga district, she made representation dated 22.06.2012 to the Director, Primary Education for allotting her the Ranchi district as her husband is also working in Ranchi district. The petitioner gave her representations before the Secretary, Human Resource Development Department, Govt. of Jharkhand on 16th August, 2012 and 22nd December, 2012 with the prayer that she may be given her posting in Ranchi District. Thereafter another letter was issued by which the petitioner along with other teachers were given their new district posting and they were directed to join their respective district, the petitioner was as such allotted Ranchi district.
3. Further, the petitioner gave her joining to the District Education Officer, Ranchi on the same date i.e. on 16.02.2013. Thereafter District Education Officer, Ranchi by his letter dated 19.02.2013 written to Director, Primary Education, Jharkhand about the Absentee Statement of the petitioner. The petitioner represented before the authorities for regularization of her service for the period from 30.3.2012 to 15.02.2013. The petitioner also gave her representation for payment of arrears of salary from 30.3.2012 to 15.02.2013. The petitioner then received an order on 15.07.2013 issued from the office of District Education Officer, Ranchi where by the petitioner was posted at
