IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.774 of 2007 DR.(SMT.)INDU KUMARI Versus THE STATE OF BIHAR & ORS ----------- 5. 24.06.2008 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 31.1.2005 at Annexure-6. The impugned order qualifies the period between 8.7.1997 to 31.5.1998 as waiting for posting while the period between 1.6.1998 to 18.8.1999 has been adjusted against earned leave for which wages have been denied to the petitioner. It is the case of the petitioner that in pursuance of the orders of transfer, she promptly handed over charge to the fresh incumbent and remained waiting for her posting from 8.7.1997 to 18.8.1999 without any salary. A counter affidavit has been filed on behalf of the Respondents. The facts that the petitioner duly reported at the headquarters and remained waiting for posting are facts not in dispute. In view of the fact that the petitioner was not at fault and remained available for duty, the fault lying with the respondents themselves in not giving her due posting in time she cannot be allowed to suffer. This Court, therefore, holds that the petitioner is entitled for arrears of salary for the entire period 8.7.1997 to 18.8.1999. The impugned order in so far as it seeks to deny her salary for the period 1.6.1998 to 18.8.1999 by adjusting the same against earned leave is, accordingly, quashed. - 2 - The writ application is allowed. Let the dues of the petitioner be paid to her within a maximum period of two months from the date of receipt and/or production of a copy of this order. AKS/ (Navin Sinha, J.)