IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11299 of 2005 DR.MD.GYASUDDIN RAYEE s/o Late Nazamuddin Rayee, resident of Samanpura, P.S. Shastri Nagar, district- Patna….. Petitioner. Versus (i) THE STATE OF BIHAR (ii) The Commissioner-cum- Secretary, Department of Health Govt. of Bihar, New Secretariat, Patna. (iii) The Deputy Secretary, Health and Medical Education Department, Govt. of Bihar, New Secretariat, Patna. (iv) The Superintendent, Patna Medical College and Hospital, Patna. (v) The Finance Commissioner, Govt. of Bihar, Old Secretariat, Patna. .. Respondents. ----------- 3. 06.08.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ petition reads as follows:- (1). That the petitioner is filing this application for issuance of a writ in the nature of ‘writ of certiorari’ or any other writ(s)/order(s)/direction(s) quashing the order vide memo No. 559(17) dated 12.5.2003 passed by Sri S. K. Singh, Deputy Secretary, Govt. of Bihar and order vide Memo No. 209 dated 24.7.2003 passed by in-charge officer, Patna Medical College and Hospital, by which the petitioners salary and other emoluments for the period from 23.4.2000 to13.7.2001 has wrongly been calculated while the petitioner was ‘waiting for posting’.” With regard to the aforementioned prayer, counsel for the petitioner would submit that it is an admitted fact 2 that in CWJC No. 8486 of 1999 transfer order dated 17.8.1999 was stayed during the pendency of this writ petition. The petitioner, therefore cannot be said to be violating the order of the authority inasmuch as the transfer order as noted above was stayed by the High Court. He would also point out that the said stay order was continuing upto 27th March 2000 inasmuch as writ petition of the petitioner and others was disposed of with a direction for consideration of the representation filed by the petitioner within a period of one month from the date of its being filed. Counsel for the petitioner further draws attention of this Court towards the order dated 30.6.2001 to show that the representation filed by the petitioner was disposed of by transferring him as Deputy Superintendent of Patna Medical College and Hospital where he had joined on the same day i.e. 30.6.2001. He would therefore submit that the petitioner cannot denied the payment of salary for the period 23.4.2000 to 13.7.2001. Counsel for the State in absence of any counter affidavit filed by him would only take a plea that ultimately when the transfer order of the petitioner was not 3 interfered by this Court the presumption would be that petitioner had defied the transfer order and he would not be entitled for payment of salary. In the opinion of this Court, such submission of counsel for the State cannot be upheld inasmuch as when the order of transfer was stayed by this Court and the stay order remained operative till the final decision of the said writ petition i.e. 27th March 2000 petitioner would be deemed to be continuing on his earlier post under the order of this Court. Even when this Court had also given time limit of one month for final disposal of the representation of the petitioner and the same was disposed of only on 30.6.2001 by issuing notification, the petitioner will also be entitled for payment of salary upto 30.6.2001. The petitioner therefore cannot be said to be waiting for posting in the said period only on account of order of this Court in the earlier writ petition, CWJC No. 8486 of 1999. That being so, this Court would direct the respondents to pay the arrears of salary of the petitioner for the period 23.4.2000 to 13.7.2001 within a period of four months from the date of receipt/production of a copy of this order. 4 With the aforementioned observation and direction, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)