IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 887 OF 2002 (S/B) Atal Bihari ……Petitioner. Versus State of Uttaranchal and others. …Respondents. Present: Mr. Vijay Bhatt, Advocate for the petitioner. Mr. Dinesh Gahtori, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. 1. Heard Mr. Vijay Bhatt, Advocate for the petitioner and Mr. Dinesh Gahtori, Standing Counsel for the State of Uttarakhand. 2. The petitioner, who is a lecturer in the Education Department in the State of Uttarakhand, had filed this writ petition in the year 2002 with the following prayers:- “(i) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondents to allow the petitioner to join as a lecturer Geography at Government Inter College Sivalidhar, Tehri. (ii) To issue a suitable writ, order or direction in the nature of mandamus commanding the respondents to release the arrears (Salary) of the petitioner when he was on medical leave i.e. from 14.7.2001 to 17.4.2002. (iii) To issue a suitable writ, order or direction in the nature of mandamus commanding the respondents to pay the salary and dues of the petitioner, of the lecturer Grade from the date of passing of the order dated 28.2.2002 by which the petitioner has been ordered to be promoted to the lecturer’s Grade. 2 (iv) To issue any other suitable writ, order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case. (v) To award exemplary cost to the petitioner.” Admit. 3. During the pendency of the writ petition, however, the issue of petitioner’s joining a particular college does not survive, inasmuch as, the petitioner was given subsequently joining in a College and learned counsel for the petitioner has made a statement that the petitioner is presently teaching as Lecturer (Geography) in a Government Inter College in the State of Uttarakhand and is drawing the salary of Lecturer. The only controversy which remains to be settled is the payment of salary to the petitioner between 14.7.2001 and 17.4.2002. Evidently, the petitioner did not work as a teacher during this period. However, the petitioner contends that during this period, he was on medical leave. In the counter affidavit, the State, however, has denied this fact and stated that the petitioner was not sanctioned any leave and he remained absent without leave and is not liable to be given any salary for this period. Second issue is regarding the payment of salary of lecturer to the petitioner from 28.2.2002 till the time he actually got the same. 4. The petitioner shall now make a representation to the Director, School Education, Uttarakhand, Dehradun/ respondent no. 2, who shall determine as to whether, the petitioner was actually on sanctioned leave during between 14.7.2001 to 17.4.2002 and if the leave was sanctioned, he shall be given salary, otherwise, arrears of salary shall not be given for the period between 3 14.7.2001 to 17.4.2002. The Director, School Education, Uttarakhand, Dehradun will also examine the second aspect and in case the petitioner has been wrongly deprived of the Lecturer Grade since February 2002 i.e. the date when he was promoted to the Lecturer Grade, the same shall also be given to him. However, before taking any decision on these two aspects, the Director, School Education, Uttarakhand, Dehradun, must satisfy himself as to the fault of the parties. In other words, in case the petitioner was at fault either for not taking sanctioned leave or for not joining within the stipulated time, he will not be given any benefit. 5. The contention of the petitioner is that the petitioner was ordered to be transfer from Nagrajadhar to Shivalidhar, but he was not posted at that relevant time and the transfer order is wholly erroneous. This fact and other facts which will be placed forward by the petitioner shall be taken note by the Director, School Education, Uttarakhand, Dehradun while deciding his representation. 6. With the aforesaid observations, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 7.1.2011 Rathour