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Arjun Singh v. State Of U.P. And Others - WRIT - A No. - 56137 of 2007 [2007] RD-AH 17829 (15 November 2007)

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Court No.32

Civil Misc. Writ Petition No.56137 of 2007

Arjun Singh v. State of U.P. & others.

Hon'ble S. Rafat Alam, J.

Hon'ble Sudhir Agarwal, J.

In the instant petition the petitioner has come up for quashing of the order dated 6.6.2007 rejecting his application against the order of transfer and also for issuance of mandamus commanding the respondent to pay him salary of Deputy Revenue Officer w.e.f. 14.7.2006 to 13.3.2007 forthwith.

We have heard learned counsel for the petitioner and perused the record.

Learned counsel for the petitioner submitted that he has been advised not to press this petition in respect of relief no.1 i.e. for quashing of the order rejecting his representation against the order of transfer. He further submitted that since the petitioner was in service he is entitled to get salary for the period from 14.7.2006 to 13.3.2007 and thus, the direction for the payment of salary for the aforesaid period may be given.

We have considered the submissions. Nothing has been brought on record to show that during the period from 14.7.2006 to 13.3.2007 the petitioner was discharging his duties and functioning as Deputy Revenue Officer at either of the place i.e. where he was working prior to the order of transfer or the place where he was posted by the order of transfer dated 30.6.2006. Thus, in view of the doctrine of no work no pay we are not inclined to grant relief sought for in this petition. It would, however, be open for the petitioner to move appropriate representation/application before the competent authority/State Government for regularization of his service during the period of absence. We, therefore, provide that in the event such application is filed before the State Government or competent authority, the same shall be considered and disposed of in accordance with the rules made in this regard expeditiously, preferably within a period of two months from the date it is filed.

With the aforesaid observation this petition stands disposed of.




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