IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16460 of 2008 Brahma Deo Sharma, S/o Late Deep Narayan Sharma, R/o Road No.1B, Basant Vihar, Harmoo, P.O. & P.S. Argora, District Ranchi, Jharkhand……………………………………………………………Petitioner Versus 1. State Of Bihar 2. Secretary, Rural Development Department, Government of Bihar, Patna. 3. Under Secretary, Rural Development Department, Government of Bihar, Patna. 4. Secretary, Water Resources Department, Government of Bihar, Patna. 5. Chief Engineer, Rural Development Special Zone, Rural Development Department, Government of Bihar, Patna. 6. Executive Engineer, Rural Development Special Zone, P.O. & P.S. Khagaria, Rural Development Department, Government of Bihar, Khagaria. 7. Executive Engineer, Rural Development Special Zone, Rural Development Department, Government of Bihar, P.O. & P.S. Sasaram, District Sasaram (Rohtas)…………………..Respondents ----------- 2 24.02.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents to release his salary of the period September 2005 to 15th April, 2007 of the post of Junior Engineer. The contention of the petitioner is that during this period, he was on deputation and in service and, therefore, he was entitled for salary of the period. Learned counsel for the petitioner 2 refers to a letter of the Executive Engineer Rural Development, Special Division dated 15.12.2007 addressed to the Chief Engineer, as contained in Annexure- 8, in which recommendation has been made for necessary orders for release of salary of the petitioner. Learned counsel submits that in spite of such recommendation, no final orders have been passed by the Chief Engineer in the matter. A counter affidavit has been filed by the present Executive Engineer in which it is stated that petitioner was absent from duty for which a show cause notice was issued to him to which he had not replied. Learned counsel for the petitioner, in reply, submits that deputation period of the petitioner was already confirmed by the Secretary, Rural Development Department, vide Annexure-5, and the petitioner was on leave for some time for which he had already applied for necessary sanction. Be that as it may, from the pleadings it is clear that no final orders 3 have been passed by the Chief Engineer in respect of claim of the petitioner for the salary of the period. Once petitioner’s claim is received, it was essential for the authority concerned to pass final orders on the same, either way. In case petitioner was on unauthorized leave and absent from duty, it was necessary to proceed against the petitioner and pass orders in accordance with law. On the other hand, if the period of absence of the petitioner was authorized and he was on deputation under valid orders, he may be entitled for his salary of the period. Respondent-Chief Engineer, Rural Development Special Zone, Rural Development Department, Government of Bihar, Patna was required to examine the matter and pass final orders, either way, on the claim of the petitioner for the salary of period. In the circumstances, the writ application is disposed of with a direction to respondent-Chief Engineer to consider the case of the petitioner for release of salary of the concerned period 4 and pass appropriate final orders in accordance with law preferably within a period of thee months from the date of receipt/production of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to validity of claim of the petitioner. BT (J. N. Singh, J.)