IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.46 of 2009 (O&M) Date of Decision: 8.1.2009. Shri Ram Sharma ....Petitioner Versus State of Punjab and others ...Respondents CORAM : Hon'ble Mr. Justice Rajesh Bindal Present:- Mr.R.K.Arora, Advocate for the petitioner. RAJESH BINDAL, J. Learned counsel for the petitioner submits that inspite of the transfer order, the petitioner could not join at the new place of posting because no post was available there. It was in this process that he remained without any post from October 1, 2004 to January 16, 2005. He further submits that this fact is even admitted in the written statement filed by the defendants in the suit in their para-4 of the preliminary objection. The submission is that in case the claim regarding the salary for this period is decided by the respondent- defendants he would be satisfied. The Civil suit was filed by the petitioner for challenging his transfer order and also claiming salary for the period he remained without any posting, is pending. The application filed by him claiming only the salary for the aforesaid period was dismissed by the learned Court below on the ground that the issue as to whether the salary was withheld rightly or wrongly has to be decided on the basis of the evidence to be led by the parties. In the reply to the application filed by the petitioner the stands of the respondent/defendants was that the petitioner/plaintiff remained absent willfully from October 1, 2004 to January 16, 2005 and for that default departmental action is going to be taken against him. Be that as it may, as the petitioner submits that he will satisfied if a direction is issued to respondents only to decide the status of the aforesaid period, without issuing any notice to the respondents it is directed that the petitioner may move an application to that effect before the Court below which shall be dealt C.R. No.46 of 2009 (O&M) -2- with in accordance with law. The revision petition is disposed of accordingly. (RAJESH BINDAL) 8.1.2009 JUDGE Reema