IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP (T) No. 12697 of 2008 Decided on : 02.06.2011 Mast Ram …Petitioner. Versus State of H.P. and another …Respondents. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting ? No For the Petitioner : Mr. M.L.Sharma, Advocate. For the Respondents : Ms. Ruma Kaushik, Additional Advocate General. Kuldip Singh, Judge (Oral) The petitioner has prayed for quashing of order dated 20.9.2005 Annexure A-7 alongwith a direction to the respondents to release the salary of the petitioner for the period from 1.10.2004 to 28.2.2005 alongwith interest at the rate of 9% per annum. 2. The facts, in brief, are that the petitioner was transferred from Govt. Middle School, Jorna under complex Govt. High School, Sari to Govt. Middle School, Chilla on 13.7.2004. The petitioner challenged the transfer order before the erstwhile Tribunal and on 20.8.2004 the Tribunal had stayed the operation of transfer order. The petitioner continued to work in Govt. Middle School, Jorna in view of the stay granted by the Tribunal. 3. The Original Application filed by the petitioner was dismissed in default on 1.10.2004, but the Original Application was 2 restored on 2.11.2004. In the meantime, the petitioner fell ill and he submitted his joining alongwith medical fitness certificate and copy of the order dated 2.11.2004 passed by the Tribunal. The Headmaster of Govt. High School, Sari made a reference to the Director Education whether the joining of the petitioner should be accepted or not since a para teacher had joined in Govt. Middle School, Chilla on 21.10.2004. It has been submitted by the learned counsel for the petitioner that petitioner is a regular teacher. 4. The petitioner continued to discharge his duty at Govt. Middle School, Jorna inasmuch as no reply to the reference made by the Headmaster, Govt. High School, Sari was received nor anything in this regard was conveyed to the petitioner. However, the petitioner was not paid salary after 1.10.2004. The petitioner got himself relieved from Govt. Middle School, Jorna and joined his duty at Govt. Middle School, Chilla on 21.2.2005. 5. In view of the joining of the petitioner at Govt. Middle School, Chilla on 21.2.2005, the Original Application filed by the petitioner before the Tribunal became infructuous and it was so ordered on 30.5.2005 by the Tribunal vide Annexure A-6. However, as regard the claim of the salary of the petitioner from October 2004 to February, 2005, a direction was given to respondent No.2 to treat the Original Application of the petitioner as representation so far payment of the salary of the petitioner is concerned. 6. The respondent No.2 vide order dated 20.9.2005 Annexure A-7 rejected the representation of the petitioner on the ground that the petitioner has not worked in any institution w.e.f.22.10.2004 to 20.2.2005. It has been submitted that this is 3 factually incorrect inasmuch as the petitioner had performed his duties in Govt. Middle School, Jorna during the relevant period and he joined his duty at Govt. Middle School, Chilla on 21.2.2005. In these circumstances, the petition was filed. 7. The respondents have not filed any reply, even though the petition was filed in the year 2006. On 4.5.2011 last opportunity was granted to the respondents to file reply in two weeks but even thereafter no reply has been filed. 8. I have heard the learned counsel for the parties. It has come on record that against the transfer order dated 13.7.2004 when the petitioner was transferred from Govt. Middle School, Jorna to Govt. Middle School, Chilla, the petitioner had filed O.A. No. 2291 of 2004. In the Original Application on 20.8.2004 the Tribunal had stayed the operation of the impugned transfer order. The O.A. was dismissed in default on 1.10.2004 but it was restored on 2.11.2004. In other words, on restoration of the O.A., interim order dated 20.8.2004 was also restored. 9. The petitioner has placed on record Annexures A-8, A-9, A-10, A-11 indicating that during the relevant period he had performed his duties either at Govt. Middle School, Jorna or at other places as directed by the authorities. In the order dated 20.9.2005 it has been stated that the petitioner has not served in any institution w.e.f. 20.10.2004 to 20.2.2005 but no corroborative material has been annexed with the order dated 20.9.2005 nor it has otherwise been placed on record to show that in fact the petitioner has not worked in any institution w.e.f. 20.10.2004 to 20.2.2005. The vague observation in the order dated 20.9.2005 that the petitioner 4 has not worked in any institution from 20.10.2004 to 20.2.2005 cannot be accepted in view of Annexures A-8 to A-11 showing that the petitioner had worked at various places as per directions of the authorities. He joined his duty at Govt. Middle School, Chilla on 21.2.2005 vide Annexure A-12. Thus, it has been proved on record that the petitioner has performed his duties from 1.10.2004 to 28.2.2005. The petitioner has submitted that the salary for this period has not been paid to him. 10. The respondents have failed to establish any legally acceptable ground for refusal to pay the salary to the petitioner for the period 1.10.2004 to 28.2.2005. Accordingly, the petitioner has made out a case for quashing Annexure A-7 and for release of salary for the period 1.10.2004 to 28.2.2005. 11. In view of the above, the petition is allowed, Annexure A-7 dated 20.9.2005 is quashed. The respondents are directed to release the salary of the petitioner from 1.10.2004 to 28.2.2005 within a period of one month, if not already paid, to the petitioner on furnishing copy of this judgment by the petitioner to the competent authority. In case the salary is not paid within the period as directed above then petitioner shall also be entitled to interest at the rate of 9% per annum on the arrears from due date. The petition is disposed of on above terms. ( Kuldip Singh ), June 2, 2011. Judge. (GR)