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Judgment
In this petition, the petitioner has inter-alia prayed for a direction to the respondents to pay him DA Arrears, Salary for the month of February, 2017
and one pending instalment of 6th Pay Commission. The petitioner is also seeking a direction to respondent No. 4 for expunging of the entry made in
his service book for a period w.e.f 04.10.2016 to 22.03.2017 (wrongly written as 2016 in the service book).
Briefly stated, the facts as narrated by the petitioner in this petition are that the petitioner while serving as Teacher in the Education Department
was posted in the Government Middle School, Fafal Zone, Kathua and was deployed to work in Government High School, Bhallar Zone, Barnoti by
the respondent No. 3 vide his No. CEOK/42742-44 dated 03.10.2016. It is submitted that the petitioner in compliance to the aforesaid order joined his
duty in the Government High School, Bhallar Zone Barnoti. It is alleged by the petitioner that since he was a surplus Teacher in the Government
Middle School, Fafal and was deployed in Government High School, Bhallar, his salary was drawn under the overall cadre of Teacher in the district.Â
The grievance of the petitioner is that because of this reason, he was deprived of benefit of DA Arrears, salary for the month of February, 2017
and one pending instalment of the 6th Pay Commission. The petitioner is also aggrieved of an entry made in his service book for the period 04.10.2016
to 22.03.2017, wherein he has been branded as “headache for headâ€Â with an observation that he needs to improve.
Respondent Nos. 1 to 5 have filed their objections and have not denied the entitlement of the petitioner to the relief of arrears of DA, instalment of
6th Pay Commission and also the salary for the month of February, 2017 etc. It is submitted that the aforesaid reliefs in favour of the petitioner could
not be drawn because of his failure to fulfil certain codal formalities. In paragraph 6 of the reply, the respondents have stated that it is because of the
conduct of the petitioner, the Controlling Officer made the remarks in his service book.Â
Having heard learned counsel for the parties and perused the record, I am of the view that the entry in the service book made for the period
04.10.2016 to 22.03.2017 cannot sustain for the reason that the aforesaid entry is not only for the purpose of providing an opportunity to the petitioner
to improve but it has the effect of stigmatising by branding him as headache for the department. It is second part of the entry that is adverse to the
interest of the petitioner and the same could not have been made without affording the petitioner an opportunity to explain and without first providing
him adequate opportunity to improve his conduct. So far as the arrears of DA, the salary for the month of February, 2017 and one pending instalment
of 6th Pay Commissioner are concerned, same have not been disputed by the respondents, however, the delay in settling the arrears has been
attributed to the completion of the certain codal formalities.Â
Needless to say that in the name of codal formalities which are required to be completed by respondents themselves, the hard earned salary of an
employee cannot be stopped. The petitioner is, thus, entitled to the aforesaid relief as well.Â
Consequently, the petition is allowed. The entry insofar as it pertains to the branding of the petitioner as “headache for the head†is expunged.
Respondent No. 3-Chief Education Officer, Kathua is directed to complete all the requisite codal formalities within a period of six weeks from the
date, a certified copy of this order is made available to him by the petitioner and pass appropriate orders for release of his pending DA arrears, one
pending instalment of the 6th Pay Commission and salary for the month of February, 2017 as may be due to him. It is made clear that, if any order
in this regard is not passed within six weeks, the amount payable to the petitioner shall also attract interest @ 9 % per annum.Â
Disposed of.