IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11313 of 2006 RAJ NANDAN SINGH, SON OF LATE NATHUNI SINGH. Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE DIRECTOR GENERAL OF POLICE, WELFARE, BIHAR PATNA. 4.THE INSPECTOR GENERAL OF POLICE, RAILWAY, BIHAR,PATNA. 5. THE DEPUTY INSPECTOR GENERAL OF POLICE , RAILWAY BIHAR ,PATNA. 6. THE DEPUTY INSPECTOR GENERAL OF POLICE, SAHABAD RANGE,DALMIANAGAR, DEHARI,DISTRICT-ROHTAS. 7. THE DEPUTY ISPECTOR GENERAL OF POLICE, POLICE PERSONNEL ,BIHAR ,PATNA. 8. THE SUPERINTENDENT OF POLICE EASTERN RAILWAY JAMALPUR,MUNGER. 9. THE SUPERITENDENT OF POLICE, BUXAR. ----------- 3. 03.05.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner was appointed as a literate constable in the year 1964 and has finally retired as Sub Inspector of Police on 01.07.2001.The grievance of the petitioner is that his due salary for the period of 01.05.1997 to 1998 i.e. period of about 14 months, have not been paid, and despite all efforts made by him. The reason for non-payment of salary, for the period aforesaid being delay in joining at the transferred place. The petitioner, while posted as Sub Inspector of Police at Rajpur Police Station in the 2 District of Buxar was transferred vide order dated 1.05.1997 from Buxar to Rohtas and relieved on the same date for giving joining at his transferred place. Though, petitioner was shown to have been relieved vide District Order No. 548/97 dated 01.05.1997, but actually he was not relieved. The reason being a request made by Additional S.P., Buxar. The Additional S.P., Buxar requested the S.P., Buxar for stay of petitioner transfer order. The S.P. Buxar directed the petitioner for filing a representation. Petitioner representation was forwarded by the S.P. Buxar to Dy. Inspector General of Police, Sahabad Range, Dehri. The transfer order was stayed vide Memo No. 32/P-2 dated 15.01.1998 of the D.G.P., Welfare , Bihar Patna till 31.03.1998.Petiioner’s case is that the order was further stayed vide Memo dated 13.05.1998 for a period of 4 months and he was adjusted till July 98 in the District of Buxar. During this period he continued to discharge his duties in Rajpur Police Station in the District of Buxar and worked as wireless operator of the S.P. Buxar. However, he did not receive his salary for the period in 3 between issuance of relieving order and continuance of stay order i.e. 14 months. Petitioner's did not receive his salary for 14 months despite his repeated request and filing of representation before all concerned authorities. The counter affidavit filed on behalf of the State, there is acknowledgement of this fact that transfer order of the petitioner had been stayed from July 1998 to October 1998. But so far the earlier period, in between 01.05.1997 to June 1998 is concerned. There is no statement as to why earlier 10 months period is not being acknowledged. The transfer order of the petitioner had been stayed by the District order No. 548/97 and memo No.32/P-2 dated 15.01.1997 as well as order contained in Memo No.341 dated 13.05.1998. There is no denial in the counter affidavit so far issuance of Memo No. 548/1997, is concerned. I find that respondents have no other option than to make payment of arrears of salary to the petitioner for the period in between 01.05.97 to 15.06.1998. Accordingly the Deputy Inspector General of 4 Police ,Shahabad Range ,Dehri and the Deputy Inspector General of Police ,Bihar Patna are directed to make payment of entire arrears of salary of petitioner for the period 01.05.1997 to 30.06.1998, as the petitioner continued to discharge his duties at the relevant period at Rajpur Police Station, Buxar, on account of order of stay issued by the competent authority. Payment must be made to the petitioner within six weeks from the date of production and communication of a copy of this order. This writ application is allowed. Nitesh ( Mridula Mishra, J.)