IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16882 of 2008 SHALIGRAM SINGH SON OF LATE SRINATH SINGH, RESIDENT OF VILLAGE- MALKHA CHAK, P.S. DIGHWARA, DISTRICT SARAN ( CHAPRA).................... PETITIONER Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER AND SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE ADDITIONAL COMMISSIONER, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 4. STATE DRUG CONTROLLER, BIHAR, PATNA. 5. CIVIL SURGEON-CUM- CHIEF MEDICAL OFFICER, SARAN, DISTRICT- SARAN (CHAPRA) 6. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, MUZAFFARPUR, 7. JAGDISH KUMAR RAJAK, SON OF LATE SURAJ PRASAD RAJAK, RESIDENT OF VILLAGE-RATANPURA BARADARI, P.S. BHAGWAN BAZAR, DISTRICT- SARAN (CHAPRA) AT PRESENT POSTED AS CLERK IN THE OFFICE OF THE INSPECTOR OF DRUGS, SARAN, CHAPRA......................................... RESPONDENTS. -------------- 5 3-2-2010 Heard learned counsel for the petitioner and learned counsel for the State. After noticing the main grievance of the petitioner that he had been transferred as Typist-cum- Clerk in the office of Inspector of Drugs, Muzaffarpur ( Rural ) in absence of any vacancy in that office, this Court passed an order earlier on 5-12-2008 directing the respondent no.4, State Drug Controller, Bihar, Patna to issue immediate necessary orders so that no loss is caused to the petitioner on that account. It is not in dispute that by an order dated 5-1-2009 - 2 - contained in Annexure-C to the counter-affidavit of respondents 1 to 4 along with three others, petitioner has been transferred to the appropriate post at Muzaffarpur (Urban ). Hence, now the grievance of the petitioner in respect of posting on account of lack of vacancy does not subsist any more. Learned counsel for the petitioner has submitted that due to the impugned order of transfer dated 30-6-2008 contained in annexure-1, petitioner’s salary has been disrupted and he has not been paid any salary since June, 2008 till February, 2009. Learned counsel for the State submitted that he has no clear instruction in respect of this grievance. In the facts of the case this writ petition is disposed of with a direction to the respondents to examine the aforesaid grievance of the petitioner and pass necessary orders to ensure that he is paid salary for the period in question. If he was not at default and salary was disrupted because of lack of vacancy on the concerned post in the office of Inspector of Drugs- Muzaffarpur (Rural ), the dues of such salary, if any, must be paid to the petitioner within a - 3 - period of two months from the date of receipt/production of a copy of this order. The writ petition is allowed with the aforesaid observations. ( Shiva Kirti Singh,J) Naresh