IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16350 of 2010 1. Dr. Rajendra Prasad Yadav S/O Sri Ram Parikshan Yadav R/O Shivraha Chaturbhuj, P.S.- Ahiyapur, Distt.- Muzaffarpur, At Present Incharge Medical Officer, Dighal Bank, Primary Health Centre, Kishanganj Versus 1. The State Of Bihar 2. The Commissioner-Cum-Principal Secretary Health Services, New Secretariat, Patna 3. Commissioner, Purnea Division, Purnea 4. Regional Deputy Director, Health Services Purnea Division, Distt.- Purnea 5. The District Magistrate, Kishanganj 6. Civil Surgeon-Cum-Chief Medical Officer, Kishanganj 7. Chairman Of The District Establishment Committee, Kishanganj 8. Dr. Abdus Salam S/O Not Known Medical Officer, Primary Health Centre, Bahadurganj, Distt.- Kishanganj ---------------------------------- 5 14.12.2011 Annexure-1 is the order of transfer of the petitioner which is dated 04.09.2010. The grievance of the petitioner was that in the last year of his service he should not have been transferred in terms of the policy decision of the Government. The case was taken up on 15.12.2010 and on that day while granting time to the respondents to file counter affidavit, this Court directed that, if the petitioner had not been relieved, he will continue on the previous place of 2 posting. As per his case, by virtue of the same, he continued on the previous place of posting and has now superannuated. The transfer order therefore has become infructuous. A counter affidavit has been filed in the case. It is stated in the counter affidavit that the petitioner was already relieved from his post. Learned counsel for the petitioner submits that the petitioner never received any order of relieving and, in fact, he continued in the Primary Health Centre and he did not hand over the charge. In the circumstances, if the petitioner continued in the Primary Health Centre, by virtue of the interim order of this Court, surely he will be entitled to salary for the period. In any case, upon his superannuation, he is entitled for his pensionary benefits in accordance with law. In case petitioner did not work during the period, the period can be also adjusted against his admissible leave and the same can be regularized for payment of 3 his pensionary benefits. Since the order of transfer has become infructuous, this writ application is disposed of with a direction to the respondents to calculate the pre-retiral and post-retiral benefits of the petitioner and pas necessary orders for release of the same, preferably within three months from the date of receipt/production of a copy of this order. Arvind/ ( J.N. Singh, J.)