IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4420 of 2008 ARBIND JHA, SON OF LATE PDT. DEV KRISHNA JHA, C/O BHAGWAN SINGH, RESIDENT OF MOHALLA KATHAL BARI, KHANJARPUR, P.S. BARARI, DISTRICT BHAGALPUR. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE DEPARTMENT OF LAND REFORMS AND SURVEY, THROUGH ITS DIRECTOR, BIHAR, PATNA. 3. THE DIRECTOR, DEPARTMENT OF LAND REFORMS AND SURVEY, BIHAR, PANA. 4. THE SETTLEMENT OFFICER, BHAGALPUR. 5. THE DISTRICT MAGISTRATE, BHAGALPUR. 6. THE ASSISTANT SETTLEMENT OFFICER, BHAGALPUR. ---- RESPONDENTS ----------- 2 19.4.2011 The petitioner has prayed that he may be paid his salary from August 2003 to 21.4.2006 in view of the recommendation made in Annexure-3 by the Director, Department of Land Reforms and Survey, Bihar. The facts of the case are that the petitioner was transferred along with two other persons on 6.5.2003. The others are Ramesh Chandra Jha and Yogendra Kumar Dey. After the transfer of the petitioner the fact that have been revealed are that he did not join at his place of transfer for two years and eight months. It has been stated that the petitioner filed a representation (Annexure-1) in which he has made out grounds for cancellation of his order of transfer. Ultimately vide Memo No. 17 2 Mohrir (Transfer) 116/2001-511, the petitioner’s transfer was cancelled on 20.4.2006 vide Annexure-2. The petitioner submits that he w as the Vice-President of the Bihar Non-gazetted Employees Association. The said transfers by which the petitioner was appointed is contained in Annexure-A series to the counter affidavit. It would appear that the petitioner was appointed as the Vice- President for the year 2000 and 2002 which would be substantiated by the fact that the representation of the petitioner as contained in Annexure-1 does not mention that he was elected as a representative of any of the Employees Association/Federation. It is submitted on behalf of the petitioner that those persons who were transferred with him i.e. Ramesh Chandra Jha and Yogendra Kumar Dey did not join the said post to which they were transferred but they have been paid the salary whereas the petitioner has not been paid the salary. Counsel for the State submits that the Settlement Officer, Bhagalpur has already written to the Director, (respondent 3 no. 3) Department of Land Reforms and Survey, Bihar, to pass final orders regarding payment to be made with respect to the period mentioned in this writ application. I accordingly, direct that the petitioner should file a representation before the Director, Department of Land Reforms and Survey, Bihar, who will take a final decision in accordance with law and pass an order, within a period of three months on receipt of a copy of this order along with the representation. This writ application is disposed of with the aforesaid observations and direction. Sanjay ( Sheema Ali Khan, J.)