IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13267 of 2009 MITHILESH KUMAR VERMA Versus THE STATE OF BIHAR & ORS For the Petitiner : Mr. Prabhat Ranjan For the State : M/S Lalit Kishore, AAG 3, Anshuman Singh, A.C. to AAG 3 ----------- 2. 13.10.2009 Heard learned counsel for the petitioner and the State. The petitioner was transferred on 18.6.2009 from Chapra to Udakishunganj while holding the post of Assistant Engineer. He came to this court in CWJC No. 7684 of 2009. The Court did not interfere much less grant him any interim relief but only observed for disposal of his representation. It is contended that thereafter the petitioner joined on the transferred post at Udakishunganj on 10.7.2009. On account of the orders of this Court of disposal of his representation etc., his formal acceptance of joining came to be made on 31.7.2009 and it is the only reason for denial of wages for July, 2009. Additionally, the Respondents are wrongly requiring him to procure his L.P.C. from his erstwhile posting at Chapra when it is the administrative duty of the Respondents themselves. Counsel for the State submits that it remains a question of fact, if the petitioner has discharged duties from 10.7.2009 to 31.7.2009 as urged. On the second count, this Court holds that procuring L.P.C. of the petitioner from Chapra is administrative duty of the Respondents themselves and it is not the obligation of the 2 petitioner. This Court, accordingly, directs and holds that the same cannot be an impediment for payment of his salary at Udakishunganj. This Court upholds the objection of the learned State counsel with regard to the issues on facts and holds that if the petitioner has physically discharged duties from 10.7.2009 to 31.7.2009 at Udakishunganj, and/or under the nature of the transfer remained available for duties at Udakishunganj, when the Respondents did not take duty from him because of the transfer, he may be entitled to his salary. The impugned order dated 20.8.2009 is set aside with directions only to pass fresh appropriate orders in so far as the claim for salary for the aforesaid period is concerned by a reasoned and speaking order within a maximum period of one month from the date of receipt and/or production of a copy of this order. The writ application stands disposed. AKS/ (Navin Sinha, J.)