^— ^-?T- ^—--5R5F7-^"—?^p- ^-^ BUMAL,JABA1PUR» IN TOSS M^P.STATS AmilSi'IS' 0*A»i ApDlicaRts Kuljeefc Siiag^ Arsra s/o late Sfaci Prat^p Siagh Acsra aged 46 years^ Ideeturer^ Govt^Higher SeaEsiadary School^Tarfeahar^Bi laspur, ^ @ r s u s Reeoondentss DStafce ®fM*P^ tfers>ugh the Secretary^Dqpartfnent o£ Sdaool Education, Bhopal^ 2)Cbmmiss.ioner of Pufolie Iiafitruct.lons, Bhopal^ 3)Oy«Direcfcor, Sub-^ffice ©fthe Cbiamissioner, Bfaopal^ 4)JoiEifc DjLreGtor of E^acatj.on^BjLlaBpur, 5)Jolat Director ©fS^aeation,Quzg, 6)Pr.I.ncipsl^<3oYerHmeeit Higfeer Secoaelary • Scfoool,.Gandedefei. ^ Ms tt-2urg«; 7)Prirac4pal,<3overBmenfc Higfeer Secoiadary Sdtoo 1 TaiA>afaar,Mstt-BA l«spur^ APPI<ICA2ION U1SSJE8. SECnON_l9_OF_TOE,AmiNIST8A'FI¥E (M TMBUKAI* M:T.l985M. » i aifc: 'm ll:lill HIGH COURT OF CHHATTISGARH ATBILASPUR (Hon. Mr. Justice Pritinker Diwaker) Writ Petition No. 475 of 2005 PETIT10NER RESPQNDENTS VERSUS Kutjeet Singh Arora State of Madhya Pradesh and others Shri B.D. Guru counsel forthe petitioner. i Shri Pravin Das Dy. GAforthe respondents. j WRLTPETmONUNDER ARTICLE 226 OF THE ! CONSTITUTIONOFINDIA i ORDER j (30.8.2010) T Challenge in this petition is to the order dated 7.3.1991 (Annexure P-1] passed by respondent No.1 and order dated 14.5.1991 (Annexure P-3) passed by the Joint Director, Education. By order dated 7.3.1991 theperiod from 3.7.1978 to 2.6.1987 has been declared as dies non whereas by order dated 14.5.1991 (Annexure P-3) the senior pay scale earlier granted to the petitionetf has been withdrawn. I 2. Facts of the case in brief are that vide order dated 7.8.1975 (Annexure| P-4) the petitioner who was working as Lecturer in the Government Higherr Secondary School, Janjgir was placed under suspension. Suspension order| was revoked on 13.8.1976 (Annexure P-5) and the petitioner was transferred from Janjgir, District Bilaspur to Government Higher Secondary School, Gunderdehi, District Durg. On 9.9.1976 the petitioner gave his joining at Gunderdehi. On 1.11.1976 the petitioner made a representation to the authority concerned for release of his full salary for the period during which he was under suspension. On 26.6.1978 (Annexure P-11) the petitioner was transferred from Gunderdehi to Baikunthpur and on 3.7.1978 he moved an application for transfer allowance and arrears of salary. However, the petitioner was informed by the Principal on 15.7.1978 (Annexure P-14)that he could claim his transfeij allowance only from the place where he has been transferred to.On 24.7.197^ (annexure P-15) the petitioner was informed by the Principal of the school af Baikaunthpur that as he had not joined there, he was not entitled for any transfer allowance. It appears from the record that the dispute continued in lj:!li:;. Slll 81 n" -::^' -o^, •sm^ fil: S?l K.:--- 1^^ retation to the joining of the petitioner at Gunderdehi and ultimately oh 28.2.1987 an order was passed by the Director, Public Instructions, permitting the petitioner to join at Gunderdehi and on 2.4.1987 (Annexure P-20) he joinec< at Gunderdehi. tt further appears from Annexure P-23 that ultimately th^ petitionergave his joining at Baikaunthpuron 1.7.1987 butit was not accepfecj by the principal ofthe said school. The petitioner again approached the schoo| at Gunderdehi on 2.6.1987 and on 2.6.1987 he was again relieved fromj Gunderdehi and was allowed tojoin at Baikunthpur on 10.8.1987 videAnnexur^ (R-2). | l i 3. Counsel for the petitioner submits that the petitioner was not at fault and therefore he was entitled for all the monetary benefits including for the period when he could not join at Gunderdehi for the fault of the govemment officersj However, in stead of paying the entire salary, the impugned order (Annexure P-| 1) has been passed on 7.3.1991 treating the period from 3.7.1978 to 2.6 198| as dies non and thereafter another consequential order (Annexure P-3) ha$ also been passed withdrawing the benefits of the higher pay scale from the petitioner on 14.5.1991. He submits that these two orders have been passed without affording any opportunity of hearing to the petitioner and-therefore thQ same are liable to be quashed. i 1 4. On the other hand counsel for the respondents/State submits that th^ petitioner was at fault in not joining at Baiakunthpur promptly and pursuant tQ the order dated 7.7.1978 (Annexure P-13) bywhich he was already relieved from Gunderdehi. He submits that the orders so passed are strictly ih accordance with law as the petitioner remained absent unauthorizedly for aboul 9 years without making any application for grant of leave etc. 5. Apparently, before passing the order dated 7.3.1991 (Annexure P-1) treating the period from 3.7.1978 to 2.6.1987 as dies non and thereafter anotheir consequential order dated 14.5.1991 (Annexure P-3) withdrawing the benefit? of the higher pay scale from the petitioner, no opportunity of hearing has been afforded to the petitioner enabling him to explain his case. Though absenc^ from duty and regularization of the same as teave with or without pay woutd be the consequential act of absent, declaration that action was unauthorized lead^ not only to declaring the period as "dies-non" but aiso entails othe^Jl consequences like loss of seniority, non inclusion of the period of qualifyinc^ ' service for pension, revision of pay scale and others. It therefore involved civil m ^ •M K: II" ait:1 'S! i:llISI. li8fi;' ^~- 3 consequences and not mere grant or refusal of leave. Theprinciples of naturaj justice and fair hearing therefore obliged the respondents to afford ar^ opportunity of hearing to the petitioner before coming to the conclusion that th^ absence was unauthorized warranting declaration of the period of absence a^ "dies-non". i 6. Accordingly the petition is allowed. Impugned orders dated 7.3.1991 (Annexure P-1) passed by respondent No.1 and order dated 14.5.1991 (Annexure P-3) are quashed. The matter is remitted to the State Government I. for being re-considered and decided afresh strictly in accordance with law as| early as possible preferably within a period of six months from the date of receipt of copy of this order after affording due opportunity to the petitioner of being heard. I Sd/- i|: PritinkerDiwaker ! Judge ! M;':^