GxfWm/k , IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S)No. $81 /2009 PETITIONER R. K. Singh, aged 53 years, S/o Ranjeet Singh, Senior Agn‘cuiture Development Officer, Kota, Offlce of Deputy Director (Agriculture), Bilaspur, Distt. Bilaspur (CG) VERSUS FV¢ { - I. State 9f Chhattisgarh, Thmugh the Secretary, Department ofAgriculture, D.K.S. Bhawan, Raipur. 2. The Director, Department of / Agriculture, Raipur, (CG) RESPONDENTS The Sub Divisional Officer (Agriculture) Mungeli, Distt. Bilaspur (CG) \ .r‘ A? ‘K\ g1 i HIGH COURT OF CHHATTISGARH AT BILAS Hon. Mr. Justice‘Pritinker Diwaker) Writ Petition (smo. 6,387 of 2009 K. sm VS ERSU ZRSPONDENTS ‘ .State of Chhattisgakh and othe E rs u hri Ravindra Agrawal counsel for the pefitidne’ Smt. Smitha Ghai PL for the respondents RIT PETITION UNDER ARTICLE 226 OF THE CONSTITU F IND o R D E4- 10.09.2010 Grievance of the petmoner In this petmon Is that though entltled for the salary for the penod 1 12 2005 to 12 7 2006 I e for seve ‘ onths and twelve days but the same has not been given to him by esponden. elopment Officer at Kota, Bilaspur, was transferred from Mung e offioe. of‘Assistant SoitConservation Officer, Sub Division P vide order dated 27.10.2005. §On 25.11.2005, he tmvka epresentation (Annexure P-2) to Deputy Director Agriculture Bil‘asp . r u stating that as in the office of Assrstant Sort Conservation Officer Su DIVISlon Pendra Road there was no post of Senior Agricuitur D a ‘ a e :w i A c Agriculture) Mungeli making arequest not to relieve him On 29.122 modifying the earlier order dated 30112005 (Annexure P3) petitioner was directed to give his icining at Nadi Ghati Yoina Su evelopment Officer he might not be relieved Apart from his person rifevances, the petitioner had aiso disclosed in his representation th had aiready approached the High Court and therefore also he might not relieved By order dated 30 11 2005 (Annexure P 3) the petitioner as reheved from Mungeii forjoming at Pendra Road On 1 12 2005 V nnexure P-4, he made another representation to Sub DIVISlonal Offi ( 00 th U. PUR ( ‘ V R gh S r. .~ ' W TI O IA R () h n ; [m t tts v elt h e_ I _ d b e 47722, v M ii —2’ , DiVision, Pendra Road. According to the petitioner, as the said Nadi Ghati‘ t l‘ ojna itself was going to be abolished, he was not allowed to join there in the meanwhile he filed Writ Petition No 6214/2005 before this Codrt. and on 9 12 2005 an order (Annexure P 6) was passed permitting him to make a detailed representation against his transfer order With a directio i ,hat the competent authority would deCIde the same In accordance Wi law Within a period of two months from the date of its receipt This Co had also observed that if the petitioner had not already been relieved may be allowed to continue till his representation was deCided 2 12 2005 the petitioner made an application to the Sub DiVision Office (Agriculture) Mungeli for permitting him to JOIn at Mungeli itself as joining was not taken by the office of Assistant Soil Conservation Office Pendra Road. On 23.12.2005 the petitioner made a detailedl- ‘ [representation (Annexure P-8) to the Secretary, Department o r Agriculture, Raipur, annexing therewith a copy of the order passed by t "Court in the aforesaid ‘Writ petition. The representation of the petition' however was not deCided and on 7.7.2006 a transfer order (Annexure 10‘) was issued transferring the petitioner from Mugneli to Bilaspur a pursuant to the said order he gave his joining at Bilaspur on 13.7.200Q (Annexure P—1 1). 1 l 3. Counsel for the petitioner submits that as the petitioner was not at ault in not joming at Pendra Road either in the office of A33istant SOII r Conservation Officer or in the office of Nadi Ghati Y0jna he cannot bd held responSIble for the same because the things were not Within ‘ control and therefore he is entitled for his salary for this period ie fr 1 12 2005 to 12 7 2006 He submits that in the last transfer order dat 7 7 2006 (Annexure P 10) the petitioner has been shown to b transferred from Mungeli to Bilaspur which makes it clear that he was at Mungeli. i4. Replying to the averments made by the counsel for the petitioner it is submitted by the State counsel that at Pendra Road there were twd i ‘Sub DiViSions — one (office ofAssistant Sell Conservation Officer) and the i other is (office of Assistant Sorl Conservation Officer “Nadi Ghati Y0jnna ‘ I Y i _ l H ‘ u t” h g G ‘ ‘2 r a hi ‘ +’ f: l hi i ‘ e i P ..... n V w H f [ hi‘i if o 1 e‘j' 4 ‘ I “ w J27” nlid 'the post of Senior Agriculture Development officer being held b onservation Officer Nadi Ghati Yoina Pendra Road She subm ' C its I the petitioner was very much aware about the modification in the ord‘fe ated 3O 11 2005 made on 29 12 2005 directing the petitioner to join adi Ghati Yoina Pendra Road She also referred to the letter date 1 2006 (Annexure R 2) issued by the Deputy Director to the petitione iclearly indicating that despite his relievmg order he has noticined at Na ati Yoina Pendra Road and if he did not give hISJoming immediately, i uld be treated as unauthorized and Willful absence from duty for whic i d at ” N d 3 i d h t h n a n s d G o 2 ntng j a 01; ee m B aspur. According to the State counsel, the petitioner cannot take w h e alone would be responSible She submits that as the petitioner has ccepted this document, on 27.1 .2006 (Annexure R 3) he was agai a copy of the letter dated 3.1.2006 askingehim to give his joining at Na hati Yojna, Pendra Road which/was duly received by the petitioner 8 1 2006 (Annexure R 4) but in spite of that he did not give his joii s directed She submits that as whereabouts of the petitioner were n known in the transfer order dated 7 7 2006 (Annexure P 10) it has b entioned that the petitioner has been transferred from Mungeli % a ‘ hown to be transferred from Mungeli to Bilaspur She submits that s i petitioner was already relieved from Mungeli on 3O 11 2005 (Annexure ) and on 29 12 2005 it was modified With a direction to the petitioner t 3 o i jom at Nadi Ghati YOJana Pendra Road but despite this the petitioner d ot 10in there and that being so the petitioner is not entitled for his sala rom 1 12 2005 to 12 7 2006 She further submits that on 3 2 200 query was made from the office of Deputy Director Agriculture Bpu in regard to compliance of the order passed by this Court to which a’ ply was given by the Sub DiViSional Officer Mungeli saying tha etitioner never gave his joming at the office of Sub DiViSional Offic g‘riculture, Mungeli. Heard counsel for the parties and perused the documents available on record. . y P j i n r f 6 ilasr: "g: e t p e V ‘j‘A ,—q_ ‘6; From the record It Is apparent that after bemg transferred fr ‘MUngelr to the office of Assrstant Sorl Conservation Officer Pendra Road he petitioner dld not give hrs Jorntmg and when he was asked to Join adl Ghatr YOJana Pendra Road on 29 12 2005 vrde amendm (Annexure P-3), he did not bother to give hrs Jornmg even there. Aboll ‘ tl f Nadi Ghati Yojana, at Pendra Road cannot be accepted as a gro for the petitioner for not giving joining in the said office. Furtherm from the documents (Annexure R-2 & R-3) it is clear that the petition was directed to give his joining at Nadi Ghati Yojana, Pendra Road b yet he preferred to remain absent and was waiting for some other orde‘ " hich was uitimately passed on7.7.2006 transferring him from Mungeli iI‘aspur. Petitioner has not even been able to file any document to sh hat from 1.12.2005 to 12.07.2006 he was working at Mungeli or at so ther place. Thus when the petitioner chose to remain absent fr 1.12.2005 to 12.07.2006, the respondents are fullyjustified in not mak i payment to the petitioner for the aforesaid period. 7. ln view of above, the petition appears to be devoid of substanc and the same warrants dismissal. It is dismissed as such. L,,8 l By letter dated 13 D7 2009 (Annexure P 12) the petitioner ha 'already been given liberty to make a proper application to the competen authority for sanction of leave from 1 12 2005 to 12 7 2006 This course i still open to the petitioner. Sdl- ‘ Pritinker Diwakeri Judge o f ‘ ‘t a ‘ ‘_N e uo u or e‘ u ‘ :w t n if ’ V iB or ‘ “t m r o o" i ' e 1