--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITION NO. 3172 / 2011 BHAGWANSINGH MANDLOI Vs. STATE OF M.P. & THREE OTHERS * * * * * O R D E R ( 14/10/2011) The petitioner before this Court, an employee of Narmada Valley Development Authority, has filed this present writ petition being aggrieved by non payment of salary for the period w.e.f. 1/7/09 to 7/12/09. The contention of the petitioner is that he was appointed in the services of Narmada Valley Development Authority and he was posted by an order dt. 25/6/09 by the Executive Engineer in the Office of Land Acquisition Officer, Omkareshwar project which is again under the Development Authority. Petitioner has further stated that he was posted for a small period ie., from 8/6/2009 to 23/6/2009 in the office of Land Acquisition Officer and on completion of the aforesaid --- 2 --- period, the petitioner reported back to the office of the Executive Engineer Narmada Valley Development Authority, Division No.20 Mandleshwar. The petitioner was informed that his services have been repatriated by an order dt. 10/6/09 and he has been directed to join the Water Resources Department of the State of Madhya Pradesh. Learned counsel for the petitioner has also drawn attention of this court towards Annexure P/3 dt. 20/8/2009 wherein the Department of Water Resources has categorically stated that the petitioner was never appointed as Asstt. Grade II in the Water Resources Department of the State of Madhya Pradesh and the question of his repatriation does not arise. His joining was not accepted and finally the Director Administration, Narmada Valley Development Authority has provided a posting to the petitioner at Narmada Valley Development Authority, Circle No.11, Barwaha. The petitioner has submitted his joining on 6/12/2009 and since then he is continuing uninterruptedly. He is aggrieved by the non payment of salary for the period 1/7/09 to 7/12/2009. A reply has been filed in the matter and it has been --- 3 --- stated in the reply that the petitioner is not entitled for salary for the period in question and he was deputed to the Office of Land Acquisition Officer, Khargone from 8/6/2009 to 25/6/2009 and he was repatriated to the Department of Water Resources. Respondents have also stated that the petitioner was served with the relieving order dt. 15/6/09 and he has not served the Narmada Valley Development Authority till 7/12/2009 and therefore the question of making payment of salary to the petitioner, does not arise and the writ petition deserves to be dismissed. Heard learned counsel for the parties at length and perused the record. The matter is being disposed of at admission stage itself with the consent of the parties. In the present case, the petitioner is not an employee of the Water Resources Department of the State of Madhya Pradesh, on the contrary he is an employee of the Narmada Valley Development Authority. The petitioner while he was working under the Land Acquisition Officer, Omkareshwar Project from 8/6/2009 to 23/6/2009 was repatriated by an order dt. 10/6/2009 passed by the Narmada Valley --- 4 --- Development Authority. The petitioner as he was not an employee of the Water Resources Department was not permitted to join the Department of Water Resources and an order was passed on 20/8/2009 refusing his joining, meaning thereby the petitioner was repatriated on 10/6/2009 and his joining was not accepted by the Water Resources Department and finally a posting has been provided to the petitioner after realising the mistake only on 1/12/2009. This Court is of the considered opinion that once the petitioner was repatriated wrongly to join the Department of Water Resources, the petitioner was certainly not at fault in the matter. He was repatriated by an order dt. 10/6/09 and thereafter a posting was provided by his parent organisation ie., Narmada Valley Development Authority and therefore the petitioner is certainly entitled for arrears of salary as claimed by him. In the present case, the petitioner has stated before this Court that he has attended the Office regularly but the same fact has been denied by the respondents. However, in the peculiar facts and circumstances of the case, as the petitioner was repatriated on 10/6/2009 by the --- 5 --- Narmada Valley Development Authority and after realising the mistake a posting order was issued in favour of the petitioner only on 1/12/2009. The petitioner is certainly entitled for arrears of salary. Resultantly, the petition is allowed. The respondents are directed to release the arrears of salary for the period from 1/7/2009 to 7/12/2009. The aforesaid exercise of releasing the arrears of salary be concluded within a period of 90 days from the date of receipt of certified copy of this order. It is also made clear that in case the arrears of salary are not paid within the aforesaid period, the same shall carry interest @ 8.5% per annum from the date of entitlement till the amount is actually paid to the petitioner. Not only this, the aforesaid period shall be taken into account for all purposes including pension, seniority etc., in case of the petitioner. With the aforesaid, this petition stands allowed. No order as to costs. (S. C. SHARMA) J U D G E KR