IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8184 of 2003 =================================================== BHOLA PRAJAPAT @ BHOLA PRAJAPATI, S/O LATE RACHHYA PRAJAPATI, R/O VILLAGE & P.O. RAMPUR CHAIN, P.S KARPI, DISTRICT JEHANABAD. .... PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE DIRECTOR, PRIMARY EDUCATION, GOVERNMENT OF BIHAR, PATNA. 3.THE DISTRICT EDUCATION OFFICER, AURANGABAD. 4.THE D.S.E. AURANGABAD. 5.THE AREA EDUCATION OFFICER, KUTUMBA, DEONAGAR. 6.THE BLOCK EDUCATION EXTENSION OFFICER, AURABAGAD. .... .... RESPONDENTS. =================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 5/ 26-09-2012 In view of the fact that the earlier order passed in this case on 30.8.2010 for the reasons mentioned in a separate order passed today in Civil Review No. 362 of 2010 has been recalled this Court, has again heard learned counsel for the petitioner on the merits of the case. In this writ application the prayer of the petitioner in paragraph no. 1 read with paragraph no. 17 reads as follows:- "1. That by this writ application, the petitioner prays for issuance of an appropriate writ or writs to command the respondents to pay full salary of suspension period as well as arrears of full salary (detail of which given in Para 17 of this writ petition) with penal interest thereon till actual payment is made to the petitioner. 17. That on the following heads, Patna High Court CWJC No.8184 of 2003 (5) dt.26-09-2012 2 the salary etc. are due with the respondents :- I. full salary for the suspension period i.e. since 7.4.90 to 15.6.90. II. subsistence allowance since 7.4.90 to 30.4.90. III. full salary since August, 1993 to 16.12.97. IV. Differential salary since 17.12.97 to Nov. 2000, i.e. after suspension. V. Differential salary since March, 1980 to Feb., 1990, i.e. before suspension. (VI. Yearly bonus of Rs. 1400/-." Admittedly, the petitioner was paid a sum of Rs. 1,90,000/- by way of arrears of salary and emoluments during the pendency of this writ application but his grievance as can be found from the contents of the connected Review Application is basically for payment of salary for the period from August-1993 to 16.12.1997. Learned counsel for the petitioner has submitted that in the aforesaid period the petitioner was under order of transfer and thus when an order was passed by this Court as with regard to the aforesaid transfer order of the petitioner on 02.12.1997 in C.W.J.C No. 3785 of Patna High Court CWJC No.8184 of 2003 (5) dt.26-09-2012 3 1996 and the petitioner had also complied such direction given in the said order by joining his post in the transferred place within 15 days, he would be entitled for payment of full salary for the period from August-1993 to his date of joining i.e. 16.12.1997. In the considered opinion of this court, such submission has to be only noted for its being rejected. All that was said in the order dated 02.12.1997 in C.W.J.C. No. 3785 of 1996 as with regard to payment of arrears of salary reads as follows:- “-------The petitioner is directed to join the transferred post within 15 days from today and if he does so, the respondents authorities undertake to allow the petitioner to join the transferred post and after the petitioner joins the transferred post within the time aforesaid, the petitioner will be entitled to get salary which may be admissible to him in accordance with law----------.” (underlining for emphasis) There is no law which authorizes a Government servant to receive payment of salary even if he or she has not worked in the concerned period. The order of transfer of the petitioner was never interfered and the petitioner was not deprived or stopped to work in the aforesaid period. If therefore, the Patna High Court CWJC No.8184 of 2003 (5) dt.26-09-2012 4 petitioner did not comply the transfer order and also work for the period from August-1993 to 16.12.1997 at any place and could only join the duty on 17.12.1997, he was rightly not paid salary for the aforesaid period. In that view of the matter whatever payment was made to the petitioner as was recorded in the earlier order being Rs. 1,90,000/- should be sufficient to cover his arrears of salary and emoluments including subsistence allowance as prayed for in this writ application. The reliance placed by the petitioner on the order of the District Superintendent of Education dated 15.02.2002(Annexure-8) seems to be wholly misplaced, inasmuch as, all that was said therein as with regard to the payment of salary of the petitioner from August-1993 to 16.12.1997 was that such payment could be made to him on the basis of his absentee statement. The absentee statement of the petitioner as per his own showing shows that he has actually remained absent from duty in the period of August 1993 to 16.12.1997. Thus even in terms of Annexure-8 he will not be entitled for payment of salary for the aforementioned Patna High Court CWJC No.8184 of 2003 (5) dt.26-09-2012 5 period. That being so, the writ application seeking direction for payment of salary for the period from August-1993 to 16.12.1997 is wholly misconceived. It has to be also recorded here that the petitioner has never denied receiving of payment of a sum of Rs. 1,90,000/-, the details of which has been given by the respondents in their counter affidavit. In that view of the matter this writ application, so far it relates to payment of salary for the period August 1993 to 16.12.1997, is accordingly dismissed. Ranjan (Mihir Kumar Jha, J)