1 W.P No.4081/2003 HIGH COURT OF MADHYA PRADESH AT JABALPUR WRIT PETITION NO.4081/2003 PETITIONER : MAHADEV PRASAD CHOURASIA Vs. RESPONDENTS : STATE OF M.P. AND OTHERS. Present : Hon'ble Shri Justice R.S. Jha. For the petitioner : Shri Vivekanand Awasthy, Advocate. For respondents : Shri S. M. Lal, Govt. Advocate. --------------------------------------------------------------------------------------------- O R D E R (27/08/2011) The petitioner has filed this petition praying for a direction to the respondent authorities to make payment of his salary for the period from September 1998 to November 1999. 2. The brief facts, leading to the filing of the present petition, are that the petitioner, who at the relevant time was working as Head Clerk in the Government College, Rahatgarh, District Sagar was transferred to Government College, Gurh District Rewa by order dated 5.9.1998. The petitioner immediately challenged the order of transfer before the Madhya Pradesh State Administrative Tribunal which granted stay of the order of transfer on 24.9.1998 and thereafter by final order dated 30.10.1999 has quashed the same. 3. It is submitted by the learned counsel for the petitioner that pursuant to the order of stay dated 24.9.1998 the petitioner, who at that point of time was on medical leave, submitted his joining on 2 W.P No.4081/2003 6.10.1998 alongwith a copy of the order of stay. However, the respondent no.3 Principal of the College instead of permitting the petitioner to join services sought directions from the higher authorities. It is stated that the respondents did not permit the petitioner to join his services till November 1999 and for no fault on his part he was not permitted to perform his duties at Rahatgarh, District Sagar nor has he been paid salary for that period inspite of repeated requests made before the respondents. In such circumstances the petitioner has sought for a direction to the respondents to pay the salary for the aforesaid period. 4. The respondents have filed a return and stated that the petitioner, on being transferred, was exparte relieved on 17.9.1998 and, thereafter he submitted his joining on 6.10.1998 but was not permitted to do so and instructions were sought from the higher authorities. It is further stated that the petitioner thereafter did not go and join his transferred place of posting at Gurh, District Rewa and did not perform his duties at either of the two places till November 1999 and, therefore, salary for the aforesaid period has rightly been denied to him. 5. Having heard the learned counsel for the parties, I am of the considered opinion that as the petitioner was on leave till 5.10.1998 and has immediately submitted his joining on 6.10.1998 alongwith the order of stay passed by the Tribunal, the respondent authorities should have permitted the petitioner to join his services in view of the interim order passed by the Tribunal. It is also clear that in view of the interim order passed by the Tribunal, the petitioner continued to make 3 W.P No.4081/2003 repeated requests to the authorities to permit him to perform his duties at Rahatgarh, District Sagar but he was not permitted to do so by the Principal and it was on that count the petitioner could not render his services till November 1999 after which period he was permitted to join the services after quashing of the order of transfer by the Tribunal by order dated 30.10.1999. In view of the aforesaid facts and circumstances, as the petitioner was not permitted to perform his duties for no fault on his part, he is entitled to the salary for the aforesaid period. 6. The petition is, accordingly, allowed with a direction to the respondent authorities to disburse the salary of the petitioner for the aforesaid period expeditiously in accordance with law. 7. In the facts and circumstances of the case there shall be no order as to the costs. ( R. S. JHA ) J U D G E 27/08/2011 mms/-