IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.6958 of 2009 Binodanand Sharan Versus The State Of Bihar & Ors 3/ 29/07/2011 Heard learned counsel for the petitioner, the State of Bihar as also the State of Jharkhand. The claims in the writ petition can conveniently be divided into 3 compartments. The first relates to salary for the periods when he claims that for unavoidable reasons he had to proceed on leave and informed the authorities as also gave a leave application. The second relates to the period of suspension till its revocation in pursuance of a departmental proceeding which resulted in exoneration. The third relates to the period that he was waiting for posting. Insofar as the first period is concerned, it remains a question of fact whether a leave application was submitted and whether it was accepted or rejected. Alternately, if the grounds mentioned in the leave application have not been found to be wrong or irrelevant, on that shall depend his eligibility for salary and/or adjustment against sanctioned leave. If any part of this period pertains to the State of Bihar it is required to be examined by the State of Bihar. If any part of it relates to the State of Jharkhand and the State of Bihar 2 makes necessary queries from the State of Jharkhand the Court directs the State of Jharkhand to make available such information to the State of Bihar without any unnecessary delay. Any payment for the period of the erstwhile State of Bihar shall then be made in accordance with the guidelines that may have been framed in this regard by the State of Bihar and the State of Jharkhand together. If there is any controversy the matter shall be resolved at the level of the Chief Secretary of the two States. Insofar as the period from 30.12.2009 to 29.7.1994 is concerned, in view of the exoneration in the departmental proceedings, the petitioner is held entitled to full salary for the period to be paid by the State of Bihar. Insofar as the third period i.e. from 7.12.1991 to 12.7.1999 is concerned, the Court from the counter affidavit of the State of Bihar at paragraph- 15, is prima facie of the opinion that the petitioner appears to have a justification for the same. Let that aspect be examined in view of the stand taken by the State of Bihar. Let this order insofar as the period of suspension and waiting for posting is concerned, be complied with within a maximum period of 3 months as it pertains to the State of Bihar alone. Let the 1st part of 3 the order be complied with within a maximum period of 5 months from the date of receipt/production of a copy of this order before the State of Bihar. The writ application stands disposed. KC ( Navin Sinha, J.)