ORDER
M.Y. Eqbal, J.
Page 982
1. In this writ application the petitioner has prayed for issuance of a direction upon the respondents for payment of arrears of salary for the period from 18.7.2000 to 26.12.2000.
2. Petitioner’s case is that he is a permanent employee of respondent-Bharat Coking Coal Limited(in short BCCL) and while posted at Enna Colliery, Kustore Area, BCCL he applied for his transfer to Sendra Banijora Colliery, Sijua Area in the same capacity which was duly approved by the respondents on 23.3.2000. Consequently, the transfer order was issued transferring the petitioner to Sijua Area vide Office Order dated 23.6.2000.
3. Petitioner’s further case is that he was relieved with effect from 18.7.2000 and submitted his joining on the same day i.e. on 18.7.2000 alongwith the relevant documents. It is stated that inspite of his joining he was not given place of posting as a result of which he used to go to the office everyday but was not assigned any job. Petitioner, thereafter, filed representation on 24.8.2000 before the Deputy Chief Personnel Manager, Sijua Area. The Deputy Chief Personnel Manager vide letter dated 25.8.2000 directed the Project Officer, Fire Project, Ena Colliery to make necessary correction in the service particulars of the petitioner and return the same. In the meantime, petitioner’s brother died and as such he applied for leave before the General Manager, Sijua Area on 2.12.2000 which was granted to him. Petitioner came back from leave and gave his joining on 11.12.2000 and further requested for grant of Casual Leave from 12.12.2000 to 15.12.2000. To his utter surprise, petitioner received an order contained in letter dated 18.12.2000 issued under the signature of Deputy Chief Personnel Manager by which the petitioner was informed that no relief can be granted to him as he has already been transferred to Loyabad Coke Plant vide order dated 22.8.2000 but he has not given his joining there. Petitioner’s further case is that he has no information about his posting at Loyabad Coke Plant and he came to know about this fact for the first time on 23.12.2000. Petitioner therefore, immediately gave his joining at Loyabad on 27.12.2000 under protest. Petitioner is, therefore, claiming his salary from 18.7.2000 to 26.12.2000 during which he performed duty at Sendra Colliery
4. In the counter affidavit filed by the respondents it is admitted that on request petitioner was transferred from Enna Fire Project, Kustore Area to Sijua Area where he reported his duty on 18.7.2000 after being relieved with effect from the same day. However, it is stated that subsequently, petitioner was posted at Loyabad Coke Plant but he did not report to his duty and refused to join at Loyabad Coke Plant and remained absent at his own sweet will till 26.12.2000. Petitioner reported his duty on 27.12.2000. It is stated that petitioner has again Page 983 been transferred to Sendra Bansjora Colliery from Loyabad Coke Plant vide order dated 15.2.2001.
5. The matter was placed before this Court on 2.5.2006. Learned Counsel appearing for the respondent-BCCL submitted that claim of the petitioner shall be settled in the Lok Adalat and payment shall be made. This Court, therefore, passed the following order on 2.5.2006, which reads as under :
Heard the learned Counsel for the parties
The matter relates to payment of arrears of salary. Mr. Mehta appearing for the respondent-BCCL submits that the claim of the petitioner shall be settled in the Lok Adalat and payment shall be made.
Hence, let this matter be listed before the Lok Adalat scheduled to be held on 7th May, 2006. The petitioner shall appear on that date to collect the cheque.
6. Instead of settling the claim and making payment, the respondents offered a sum of Rs. 10, 000/(rupees ten thousand)- only which has been refused by the petitioner-claimant.
7. Mrs. Ritu Kumar, learned Counsel appearing for the petitioner firstly submitted that by the transfer order dated 23.6.2000 the petitioner was transferred to Sijua Area in his existing capacity and, admittedly, he reported his duty on 18.7.2000 at Sijua Area. According to learned Counsel petitioner was not informed about his posting at Loyabad Coke Plant under the same Sijua Area of BCCL. Learned Counsel submitted that even assuming that petitioner remained absent at his own sweet will till 26.12.2000, respondents have no authority to withhold the salary without giving notice to show cause and opportunity of hearing to the petitioner. I find force in the submission of the learned Counsel.
8. Admittedly, till date petitioner was not served any show cause notice nor any inquiry was held before withholding the salary for the period in question. On the contrary, respondents agreed to settle the claim and make payment of the salary for the period in question in the Lok Adalat. In my view therefore, nonpayment of salary to the petitioner is arbitrary and unjustified.
9. For the aforesaid reason, this writ application is allowed and the respondents are directed to release the salary of the petitioner for the period in question within two months from the date of receipt/production of a copy of this order.