IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2880 of 2004 AWADHESH PRASAD SHARMA Versus THE STATE OF BIHAR & ORS ----------- 3 04.09.2008 Heard Learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 29.1.2004 denying him wages for certain period specified in the order. The petitioner was transferred while in service on 30.6.1998 from Madhubani to Sheohar. When he did not report at the transferred place, he was again directed on 29.7.1998 to do so immediately . He was placed under suspension on 14.12.1998 when departmental proceedings were drawn up against him. Order of punishment followed on 24.3.2001 and the suspension revoked on 26.3.2001. The petitioner should have joined at Sheohar but rejoined at Madhubani on 19.4.2001, from where he had already been transferred. On 10.5.2001, he was directed to join at the Headquarters. Since his claim for joining at Madhubani was not tenable in view of his earlier transfer, on 24.5.2001 he joined at the Headquarters when he was given movement orders for Gaya on 14.8.2001 which he joined. However his salary for the period 15.8.2001 to 2.9.2001 has been denied on the ground that he did not join at Gaya within a day or two. From the counter affidavit for the period between - 2 - 24.5.2001 to 14.8.2001, the petitioner has been regularized as stated in paragraph no. 4 (F)(ii) of the counter affidavit. Naturally the petitioner is entitled to actual salary for that period also. The charge that the petitioner did not report at Gaya from Patna within a day or two is not substantiated from the provisions of Chapter VII of the Bihar Service Code dealing with joining time. The petitioner was transferred from one station to another, he had joined within 14-15 days. The Court, therefore, holds that he is entitled to his salary for the period in between 15.8.2001 to 2.9.2001. The petitioner is not entitled to any salary for the period in between 26.3.2001 and 23.5.2001. The writ application stands allowed to the extent indicated above. pkj (Navin Sinha, J)