Research › Search › Judgment

Jharkhand High Court · body

2009 DIGILAW 1255 (JHR)

Kuleshwar Mahto v. General Manager, P & R (Personnel), CCL, Darbhanga House, Ranchi

2009-09-09

AMARESHWAR SAHAY

body2009
Judgment Heard the parties and with their consent, this writ petition is being disposed of at this stage itself. 2. The petitioner, a Dumper Driver was transferred from Eastern Coalfields Limited, Jhanjharpur Coal bearing area to the Central Coalfields Limited, Ranchi by issue of letter dated 19.01.2001 as contained in Annexure-1 and the petitioner was directed to report for his duties to the General Manager (P & IR), CCL, Ranchi. It is stated by the petitioner that pursuant to the said order of transfer, he joined Head Quarters of CCL at Ranchi on 22.01.2001. It is further stated that it is only by issue of office order dated 06.06.2001, as contained in Annexure-3, the petitioner was posted at Dakra Project of Central Coalfields Limited to work as a Dumper Operator. 3. The grievance of the petitioner is that for this intervening period i.e. the date when he joined the headquarters at Ranchi on 22.01.2001 till he joined his new place of posting pursuant to Annexure-3 dated 06.06.2001, he has not been paid his salary and house allowance though he made representation for payment of salary as well as allowance. It is stated further that the petitioner was not allowed to join at Dakra Colliery i.e. the place of posting for about one month on the ground that there was some spelling mistake in the name, which was wrongly mentioned as Kanbeshwar Mahto in place of Kuleshwar Mahto. He could join only on 07.07.2001 at Dakra Colliery. 4. Counter affidavit has been filed on behalf of the respondent Central Coalfields Limited and in paragraph-12 of the counter affidavit, it has been stated that after the duty on 22.01.2001, the petitioner never attended respondent Company’s Headquarters at Ranchi. He did not put his attendance in the Attendance Register meant for the purpose. After reporting on 22.01.2001, he attended the Headquarters only on and from 17.03.2001 and onwards. In support of such statements, a Chart showing attendance for the month of March, 2001 and onwards has been annexed as Annexure-B to the counter affidavit. 5. Annexure-B to the Counter Affidavit is only with respect to the Attendance for the month of March, April, May and June, 2001. From this Chart, it cannot be inferred that the petitioner was not attending his duties at Headquarters in the month of January and February, 2001. 5. Annexure-B to the Counter Affidavit is only with respect to the Attendance for the month of March, April, May and June, 2001. From this Chart, it cannot be inferred that the petitioner was not attending his duties at Headquarters in the month of January and February, 2001. Though in the Counter Affidavit, as noticed above, it has been stated that the petitioner was not attending duty after 22.01.2001 i.e. the date when he first reported for duty till 17.03.2001. But no document in support of such fact has been filed with the counter affidavit. Para-12 of the Counter Affidavit has been verified to be true to the information of the deponent derived from the documents but no such record has been produced and, therefore, the plea of the respondents that the petitioner was not attending duty after 22.01.2001 to 17.03.2001, cannot be accepted and hence the same is rejected. There is also no denial of the fact stated by the petitioner in paragraph-10 of the writ petition wherein he stated that he was allowed to join new place of posting at Dakra only on 07.07.2001 after issue of Annexure-3. 6. In this view of the matter, I find no reason as to why the petitioner should not be paid his salary for the periods in between 22.01.2001 till 06.07.2003 i.e. in between the periods he reported after being transferred till he joined his new place of posting at Dakra. 7. In view of the discussions and findings above, this writ petition is allowed. The respondent Central Coalfields Limited is directed to pay salary to the petitioner for the periods 22.01.2001 to 06.07.2001 and housing allowance, if admissible, for the said periods within a period of eight weeks from the date of receipt/ production of a copy of this order.