The Court dismissed a writ petition by an Urdu Typist challenging the refusal to grant salary due to a transfer order. The Court held that the petitioner's prolonged absence and defiance justified the order and refused to interfere to prevent loss to the State administration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4107 of 2015
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Khalil Ahmad son of Late Abdul Majeed, R/o Mohalla - Afzalpur, P.O.Mahendru, P.S.- Pirbahore, District - Patna, at present posted as Urdu Typist at Piro Block, P.S.- Piro, District - Bhojpur, Ara.
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Abdul Wadood For the Respondent/s : Mr. SC32-R.K.PRIYADARSHI
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT
Date: 24 -07-2015
Annexure- 19 dated 7.2.2013 issued under the signature of the Secretary, Department of Cabinet Secretariat and Raj Bhasha, Government of Bihar, is under challenge. By virtue of the said order, the Secretary has refused to grant salary for the period 1.4.2010 to 3.5.2012. However, this period was regularized as extra ordinary leave and for the purposes of counting the length of service for grant of pension.
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Government decided to declare Urdu as a second official language of the State. Besides Urdu typists even translators were appointed. The services of such people were supposed to be under the control of Urdu Directorate, Department of Raj Bhasha. It is the stand of the petitioner that the General Administration Department has no power or jurisdiction to transfer and post Urdu typists and translators.
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he could not report back and give his joining. The authenticity of such reasons given in the writ application is not required to be tested. Sum essence is that the petitioner never complied with the order and continued to hover around the office of the Block Development Officer trying to get his joining accepted. When nothing materialized, he moved the High Court by filing CWJC No.2482 of 2012.
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seriously disputed. The matter was looked into very closely and a detailed report of Deputy Collector, Land Reforms, Piro, has been annexed as Annexure-A. The entirety of facts culled out from the record has been dealt with. This is Annexure-A to the counter affidavit and this position was also communicated to the Director, Urdu, Government of Bihar, through Annexure-B. This formed the basis for passing of Annexure-19.
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cannot decide unilaterally not to obey the orders and thereafter make a cock and bull story as to the reasons why he remained absent from duty for such a long period of time.
19 does not require any interference.
(Ajay Kumar Tripathi, J)
R.K.Pathak/-
U
3 issues framed by the court
Whether the order refusing salary due to non-compliance with transfer/deputation orders should be disturbed.
Whether a government servant can unilaterally decide not to obey transfer orders and claim arrears of salary.
Whether the refusal to grant salary for a period of absence is arbitrary and irrational.
1 provisions across 1 enactments
Khalil Ahmad
The State of Bihar
The Principal Secretary, Department of Cabinet Secretariat and Raj Bhasha, Govt. of Bihar, Patna
The Secretary, General Administration, Govt. of Bihar, Patna
The Director, Urdu Directorate, Raj Bhasha Department, Govt. of Bihar, Patna
The Dy. Director, Urdu Directorate, Raj Bhasha Department, Govt. of Bihar, Patna
AJAY KUMAR TRIPATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
