IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13634 of 2008 SMT.KUNTI DEVI Versus THE STATE OF BIHAR & ORS ----------- 02 11.09.2008 Heard learned counsel for the petitioner and State. The petitioner who is an assistant teacher in a primary school is before this court seeking direction against the respondents to accept her joining at the Hindi Prathamik Vidyalaya from where she has been transferred by order dated 03.06.2008. It is her case that this order has not been annulled that it was the principal of the school who was refusing to accept her joining, that the order of transfer itself states that she was being transferred on a vacant post. No useful purpose shall be served by keeping this writ petition pending. It is accordingly disposed off with the direction to the respondent no.3 to examine the issue of non acceptance of the joining of the petitioner by the principal of the school in question, when the transfer order states that the petitioner was transferred on a vacant post. If on an enquiry respondent no.3 is satisfied that refusal by the principal to accept the joining of the petitioner is bad, the petitioner shall be entitled to her salary from the date when she went to give her joining till the date when the joining be accepted. For this period the salary to be paid to the petitioner shall be deducted from the personal salary of the person due to whose fault the petitioner’s joining could not be accepted apart from the issue of disciplinary action. - 2 - In the event that respondent no.3 holds that there was sufficient justification for non acceptance of her joining he shall be required to pass reasoned and speaking order and that fresh appropriate posting shall also be made with regard to the petitioner. In that event also the petitioner shall be entitled to her full salary for the full period in question. The writ application stands disposed of. Sym ( Navin Sinha,J.)