Contractual employees are entitled to salary for the period of waiting for posting and subsequent discharge of duties if they diligently fulfill their obligations without fault.

JUDGMENT

Pramath Patnaik, J. - Heard Mr. Manoj Kumar Choubey, learned counsel for the petitioner and Mr. Arup Kumar Dey, A.C to learned G.P I for the respondents.

2. The aforesaid writ petition has been filed praying inter alia for direction upon the respondents, in particular respondent no. 5 to pay the salary from the date of joining till August, 2010.

3. Learned counsel for the petitioner submits that on the basis of advertisement, the petitioner was appointed as Ayush Doctor on contractual basis. It has further been averred that in pursuance to execution of agreement, the petitioner was supposed to join on the place of posting but his joining was not accepted because another doctor was working on the same place. Thereafter, the petitioner waited for his posting and finally, the petitioner was transferred to Primary Health Centre, Pithoriya vide memo dated 07.09.2010 where she continued to discharge her duties till expiry of period of contract. Learned counsel for the petitioner further submitted that it is the respondents who did not post the petitioner on appropriate place and the petitioner waited for his posting; hence for no fault of the petitioner, she cannot be deprived of her salary. In order to fortify his argument, learned counsel for the petitioner referred to the decision rendered in the case of Gupteshwar Ram Vs. The State of Jharkhand & Ors reported in , (2013) 2 JLJR 50 and also in the case of Jailal Choudhary Matwala Vs. State of Bihar & Ors as reported in , (1995) 2 PLJR 553.

4. Controverting the averments made in the writ application, learned counsel for the respondents submitted that the petitioner is not a government servant under the definition of government servant as per Jharkhand Service Code and therefore, the period for which she has not worked cannot be treated as waiting for posting and, therefore, she is not entitled for arrears of salary, who have been appointed on contractual basis.

5. Having heard learned counsel for the parties at length and on perusal of records, it appears that though the petitioner is a contractual employee but admittedly she moved from pillar to post for her posting and there was no fault of her and finally when she was posted at Primary Health Centre, Pithoriya vide memo dated 07.09.2010 she immediately joined that place without any delay and without any demur and discharged her duties till expiry of the contract with satisfaction to the authority concerned. Hence, by no stretch of imagination it can be construed that the petitioner was at fault or was habitual absentee or deliberately avoided his posting.

6. In such view of the matter, the respondents in particular respondent no. 5 is directed to pass necessary order for payment for the period of joining of the petitioner till August, 2010 in accordance with law within a period of 12 (twelve) weeks from the date of receipt/production of copy of this order.

7. With the aforesaid observations and directions, the writ petition stands disposed of.