Shri Ram Sharma vs State Of Punjab And Others on 8 January, 2009

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH.
                                   C.R. No.46 of 2009 (O&M)
                                   Date of Decision: 8.1.2009.

Shri Ram Sharma                               ....Petitioner

           Versus
State of Punjab and others
                                              ...Respondents

CORAM : Hon'ble Mr. Justice Rajesh Bindal

Present:- Mr.R.K.Arora, Advocate
          for the petitioner.
RAJESH BINDAL, J.

Learned counsel for the petitioner submits that inspite of
the transfer order, the petitioner could not join at the new place of
posting because no post was available there. It was in this process
that he remained without any post from October 1, 2004 to January
16, 2005. He further submits that this fact is even admitted in the
written statement filed by the defendants in the suit in their para-4 of
the preliminary objection. The submission is that in case the claim
regarding the salary for this period is decided by the respondent-
defendants he would be satisfied. The Civil suit was filed by the
petitioner for challenging his transfer order and also claiming salary
for the period he remained without any posting, is pending. The
application filed by him claiming only the salary for the aforesaid
period was dismissed by the learned Court below on the ground that
the issue as to whether the salary was withheld rightly or wrongly has
to be decided on the basis of the evidence to be led by the parties. In
the reply to the application filed by the petitioner the stands of the
respondent/defendants was that the petitioner/plaintiff remained
absent willfully from October 1, 2004 to January 16, 2005 and for that
default departmental action is going to be taken against him.

Be that as it may, as the petitioner submits that he will
satisfied if a direction is issued to respondents only to decide the
status of the aforesaid period, without issuing any notice to the
respondents it is directed that the petitioner may move an
application to that effect before the Court below which shall be dealt
C.R. No.46 of 2009 (O&M) -2-

with in accordance with law.

The revision petition is disposed of accordingly.

                                         (RAJESH BINDAL)
8.1.2009                                     JUDGE
Reema