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2024High CourtLatestLegalSeptember 2024

Police Head Constable – Absence from duty due to transfer – Salary for Non-joining at the place of transfer

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The petitioner was appointed as Police Constable on 4.7.1998.   On 30.5.2019, he was transferred from Mumbai to Dhule.  The said order was challenged before the Maharashtra Administrative Tribunal.   However, on 12.6.2019, interim relief was refused.   The petitioner did not join the place of transfer and remained absent from duty for 271 days.

On 20.1.2020, the Tribunal allowed the OA and quashed the transfer order.  The petitioner was permitted to join the original post on 28.2.2020.

The application dated 4.3.2020 of the petitioner for pay & allowances for absence from duty was rejected on 22.4.2021.  It was treated as without pay.

The Tribunal held that since the order of transfer was quashed, it was non-est and therefore, it does not deprive the petitioner from pay and allowances. It was directed to pay the salary.

HELD that the Tribunal committed grave error in holding the respondent is entitled to pay and allowances for unauthorised absence from duty since the respondent on his own chosen to remain from duty after refusal of interim relief by the Tribunal.

Judgment dated 6.9.2024 of the Division Bench of the Bombay High Court in W.P.No.10200 of 2022 of the Deputy Commissioner of Pollice Vs. Sanjay Govind Parab.

 

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