JUDGMENT The judgment of the Court was as follows :–– This is a very unfortunate and unprecedented case. Petitioner moved this Court under Article 226 of the Constitution of India for certain reliefs which are not ordinarily given by a writ Court and the writ Court has not faced such a situation. 2. In this case the writ petitioner was transferred by the Chief Medical Officer of Health, Midnapore by a Radiogram message whereby the petitioner has been released from Belda Office of Block Medical Officer of Health and was directed to report for duty to the office of Block Medical Officer of Health (hereinafter called as B.M.O.H.), Kharikamathanj Block Medical Health Centre in the District of Midnapore in the interest of public service. Pursuant to that Radiogram message, dated December 2, 1993 petitioner reported for duty to his new place of posting on January 18, 1994 by submitting a joining report on which an order was passed by the Block Medical Officer of Health, Narayangram, Kharikamathanj on the same date, that is, on January 18, 1994 allowing him to join in the said post. It has been alleged by the petitioner that since his joining in the new place of posting he has not been given any pay or allowance alleging for want of 'Last Pay Certificate' to be issued from Belda authorities which in the same district. The Block Medical Officer of Health, Kharikamathanj wrote a letter to the Block Medical Officer of Health, Narayangram Block Belda stating that he was facing much difficulty to pay and allowances of the petitioner attached to the said Institution who joined his office on January 18, 1994. By the said letter it was requested to send the Last Pay Certificate in respect of the petitioner immediately and that it was specifically pointed out that because of non-availability of the Last Pay Certificate petitioner could not be paid his salaries and no salary bill could be prepared. But, the B.M.O.H., Belda remained significantly silent and inactive over the issue. 3. It is stated that the reason for not sending the Last Pay Certificate was that the petitioner was verbally requested to write some cash books in that centre after he left that part. But, the B.M.O.H., Belda remained significantly silent and inactive over the issue. 3. It is stated that the reason for not sending the Last Pay Certificate was that the petitioner was verbally requested to write some cash books in that centre after he left that part. Petitioner requested the authority concerned that since the dealing with cash books is a very serious thing, for that purpose a formal order should be passed in the shape of the order for deputation to perform the said work. But, the situation did not improve and on the contrary it appears that on July 1, 1994 petitioner applied for earned leave for 38 days on account of his wife's illness and that the said leave was prayed for from July 1, 1994 because of urgency involved in the matter, on which the B.M.O.H., Kharikamathanj passed an order to the extent that as per instruction of A.C.M.O.H. (PH & PW). I am unable to accept him (Mr. Barman) joining report. Mr. Barman is hereby being forwarded to C.M.O.H. (Midnapore). The said order was passed on July 1, 1994. The net result was that the petitioner was not getting his salaries after the said order of transfer was made by a Radiogram message on December 2, 1993, nor he has been granted any leave and nor he was permitted to perform his duties from July 1, 1994 even though on July 18, 1994 he was allowed to join in the said posting. 4. Mr. Kundu, learned Counsel appearing for the writ petitioner submitted that the action of the respondent concerned amounts to violation of fundamental rights guaranteed under the Constitution of India; in particular it was submitted that the respondents by not paying the salaries to the petitioner have violated the provisions of the West Bengal Service (ROPA) Rules, 1990 under which the respondents were under the statutory obligation and duty to make payment of salaries. Secondly, when an employee has been transferred and when he was allowed to join in the transferred place of posting, he cannot be prevented from working in that place unless he is suspended or removal from service. 5. In the instant case, it appears that the delinquent Officer, has taken law in his own hand and acted in the manner which is not only contrary to the public interest but also subversive to the administration. 5. In the instant case, it appears that the delinquent Officer, has taken law in his own hand and acted in the manner which is not only contrary to the public interest but also subversive to the administration. By such acts petitioner was humiliated and his right of livelihood has been denied. He has to face the starvation for that. The concerned respondent also wanted to blackmail the petitioner by directing him orally to perform certain works which was not his job. Petitioner insisted some formal order to do such job for protection of his service. But, this officer has taken a revengeful action against the petitioner at the cost of public exchequer to fulfil his personal grudge, likings and dislikings. The conduct of the said Officer is highly representable and, in my view, he has acted in a manner which is not becoming of a Government Servant. He has not discharged the public duties and/or functions as a Government Servant which he ought to have been performed. Petitioner, it appears, has been treated in a very shabbily manner and it appears further that this Officer has no regard for the laws and Constitution of this country. 6. The learned Counsel appearing on behalf of the respondents states on instruction from the concerned respondent that he is ready and willing to pay the salaries and other allowances to the petitioner which is due to him. But, there was no explanation why so long the same should not be given to the petitioner. 7. Mr. Kundu, learned Counsel appearing for the petitioner referred to a decision of the Supreme Court in the case of (1) Sanjit Roy v. Slate of Rajasthan reported in AIR 1983 SC 328 in support of his case. It was held that the Rajasthan Famine Relief works Employees (Exemption from Labour Laws) Act, 1964 provided the provision for excluding applicability of minimum wages in respect of the workmen employed on famine relief works. In that case wages fixed for Famine Relief workers were little less than the minimum wages fixed for general categories. The Supreme Court held every person who provides labour or service to another is at least the minimum wages and if any thing less than the minimum wage is paid to him, the same is violative of Articie 23 of the Constitution of India. 8. According to Mr. The Supreme Court held every person who provides labour or service to another is at least the minimum wages and if any thing less than the minimum wage is paid to him, the same is violative of Articie 23 of the Constitution of India. 8. According to Mr. Kundu the respondent concerned in the instant case following the said decision of the Supreme Court is guilty of violating the provisions of Article 23 of the Constitution of India which has prohibited the traffic in human being and begar and other similar forms of forced labour in India. Secondly, it was submitted by Mr. Kundu that this concerned respondent who has acted in such a manner should be compelled to pay compensation. 9. In this connection, reliance was made to a decision of the Supreme Court in the case of (2) Nilabati Behera v. State of Orissa & Ors. reported in AIR Supreme Court Weekly (1993) at page 2366 wherein the Supreme Court held that a claim in public law for compensation for contravention of human rights and fundamental freedoms, protection of which is guaranteed is the Constitution as the acknowledged remedy for enforcement and protection of such rights and such claim based on strict liability made by resorting to a constitutional remedy provided for enforcement of a fundament right is distinct from an order and in addition to, remedy in private, law for damages for the tort resulting from the contravention of the fundament right. 10. In several other decisions the Supreme Court has fairly laid down that when a fundamental right of a citizen is violated and a citizen has suffered as agony because of violation of fundament right and which could be restored, the citizen is entitled to compensation as otherwise fundamental rights guaranteed to a citizen under the Constitution of India shall become meaningless. No one can escape the liability and responsibility for doing a mischief deliberately and with an ulterior motive for causing a loss and/or humiliating to a citizen taking advantage of power and position and the Administration cannot run if this type of Officer is allowed to function without any check and if no drastic action is taken against such an Officer, who think that he is above the law and not answerable to anybody and/or accountable at all. 11. 11. Considering the facts and circumstances of the case I direct the respondent concerned to pay the arrear salaries since December 1993 up-to-date to the petitioner forthwith and allow the petitioner join his duty in the post Upper Division Clerk in his transferred place of posting from tomorrow and go on paying the salaries and other emoluments to him month by month regularly in accordance with law. 12. The Supreme Court in the case of Krishan Yadav v. State of Haryana reported in AIR Supreme Court weekly 2373 held that 'The award of cost in only to express our profound displeasure on this unjust and arbitrary selection'. 13. Accordingly following that principle I direct the concerned respondent to a pay a sum of Rs. 5,000/- as cost along with his other dues. Such cost should be realised by the authorities from the concerned respondents from him pay in order to set up an example in the administration as also to see that in no other Officer can venture to take such an action again his subordinates contrary to public interest and which is bound to shake the confidence of an employee in the administration and to stop this type of colonial attitude by some Officers towards their subordinates. The State-authority is directed to take necessary steps against Officer as the authority thinks fit and proper for the purpose of running the administration. The payment in terms of the above order shall be made within two weeks from date. Petitioner should be deemed to have been in duty with effect from July 1, 1994 from which date he was prevented from working. 14. The above order is passed as in my view the Court can pass an order for payment of money in the facts and circumstances of the case keeping in view the power under Article 226 of the Constitution of India, wherein the Constitution maker has provided powers upon the High Court to issue direction or directions, Order or Orders and writ or writs including Writs in the nature of Mandamus, Habeas Corpus, Prohibition, Quo Warranto and Certiorari. This means that the power or a Court is not limited to issue a writ only, the Court can pass directions or orders not confined to writs. Powers of the Court regarding issuance of writs have been provided in their and forth categories. First two categories are directions and orders. This means that the power or a Court is not limited to issue a writ only, the Court can pass directions or orders not confined to writs. Powers of the Court regarding issuance of writs have been provided in their and forth categories. First two categories are directions and orders. So within the scope and ambit of Article 226 of the Constitution of India a Court can pass an order or direction when a fundamental right of a citizen is violated. 15. The writ application is disposed of accordingly on the above terms. 16. Let a copy of this order be sent by the office of the High Court to the Secretary, Department of Health, Government of West Bengal as expeditiously as possible and the Secretary is directed to look into the matter and take appropriate steps against the Officer, who are responsible in this matter and take proper action which the Secretary, Department of Health deems fit and proper in the interest of the administration considering the fact that this is a democratic country and nobody is above the law. Let a xeroxed copy of the above order be given to the parties on the usual undertaking. The learned Advocate for the petitioner is also directed to serve a xeroxed copy of the above order upon the Secretary, Department of Health, Government of West Bengal for taking speedy action and the said Secretary is directed to act on the basis of said communication.