IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8847 of 2009 MD.MOHIUDDIN, son of Late Md. Samsuddin Resident of Village- Lakhno, Post-Chakan, P.S.-Chandauti, District- Gaya ---------------Petitioner Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Health & Family Welfare Deptt., Govt. of Bihar, New Secretariate, Patna 3. The Director in Chief, Health & Family Welfare Deptt., Govt. of Bihar, New Secretariate, Patna 4. The Civil Surgeon-cum-Chief Medical Officer, Gaya 5. The Civil Surgeon-cum-Chief Medical Officer, Darbhanga. --------------Respondents ----------- 5. 19.07.2010 The petitioner was a Class III employee posted under the Civil Surgeon, Gaya. On 19.2.2007 he was transferred to join under Civil Surgeon, Darbhanga and as such relieved. Consequent to his transfer the last pay certificate of March, 2007 was sent by Civil Surgeon, Gaya to Civil Surgeon Darbhanga. On petitioner’s transfer from Gaya to Darbhanga he stopped at Patna midway and challenged his transfer before this Court. Learned Single Judge of this Court set aside the transfer by judgment and order dated 31.5.2007. Petitioner accordingly went back to Gaya and gave his joining. Joining was not specifically accepted, but it is evident from the letter of Civil Surgeon, Gaya to Director-in-Chief, Health Services, Bihar, Patna under Memo No. 2653 dated 10.7.2007 2 that petitioner had, in fact, given his joining on 4.7.2007. The Civil Surgeon Gaya sought clarification in this regard from the Director-in-Chief. It appears that the State Government appealed against this judgment before the Division Bench. The Division Bench by judgment and order dated 28.7.2008 set aside the order of the Single Judge and restored the transfer order. Thereafter, the petitioner claims that he was relieved on 18.12.2008 from Gaya and accordingly joined Darbhanga on 22.12.2008. The dispute is with regard to salary between the first order of transfer when he relieved on 19.2.2007 up to 20.12.2008. In my view, there are two distinct periods within this period of dispute. The first period is from the time petitioner was relieved i.e., 19.2.2007 up to the judgment of Single Judge, dated 31.5.2007. Petitioner having been relieved from Gaya and not joined Darbhanga. Thus, he was nowhere. This period would have to be regularize as leave without claim to any remuneration. Once pursuant to order of this Court transfer was set aside and he went back to Gaya up to the time when he joined Darbhanga, he has to be paid as during that period he was at Gaya, as noted above and apparent from 3 the letter of the Civil Surgeon, Gaya himself. Thus for that period, I direct the Civil Surgeon, Gaya to make payment as petitioner was not at fault and petitioner had given joining and was available for work till he was ultimately relieved to join Darbhanga . I, therefore, direct the Civil Surgeon to act accordingly and make payment. He would also consider that petitioner having been granted 1st and 2nd A.C.P. the calculation for payment would also include the benefits thereof if it is otherwise in accordance with law. This application is thus disposed of at this stage itself. Anand Kr. ( Navaniti Prasad Singh, J.)