Writ petition seeking payment of salary for a period during which the petitioner failed to report to his new post within the granted time. The High Court dismissed the petition.
The writ petition is dismissed with no direction for payment of salary.
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.12686 of 2012
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Kamendra Kumar ‘Kamesh’, son of Gopal Sharan Singh, resident of Village-Chhata, P.S.-Masaurhi, District-Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Adv For the Respondent/s : Mr. Santosh Chandra Bhaskar, AC to GP-11
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT
Date : 30-11-2018
Heard Mr. Shivendra Prasad, learned counsel
for the petitioner and Mr. Santosh Chandra Bhaskar,
Patna High Court CWJC No.12686 of 2012 dt.30-11-2018 2/4
learned counsel for the State.
petitioner was working as Block Education Extention Officer in Katihar, he was transferred to the post of Lecturer, Primary Teachers Training College, DIET, Gaya on 11.02.2010.
Patna High Court CWJC No.12686 of 2012 dt.30-11-2018 3/4
petitioner by the Director, Primary Education, seeking explanation from him as to why he had delayed for about ten months in reporting his joining to his place of posting. The show cause reply of the petitioner was that he was on medical leave because of his illness. The aforesaid ground did not find favour with the authorities and it was found that if this ground was genuine, the report with respect to his sickness would have been received either in the Department or in the College where he was posted shortly after the order of transfer. The petitioner, therefore was held guilty of dereliction of duty and indiscipline.
Patna High Court CWJC No.12686 of 2012 dt.30-11-2018 4/4
the Government in withholding the pay for the aforesaid
period.
therefore the same is dismissed.
(Ashutosh Kumar, J)
Shageer/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 04/12/2018 |
| Transmission Date | 04/12/2018 |
1 issue framed by the court
Whether an employee is entitled to salary for a period where he failed to report to his new post within the granted joining time.
Kamendra Kumar Kamesh
The State of Bihar through the Principal Secretary, Department of Human Resources Development Department, Government of Bihar
The Director, Primary Education, Bihar
ASHUTOSH KUMAR ORAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
