IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8949 of 2010 Raghubansh Sharma, son of Shri Madhav Sharma, resident of D/90, Police Colony, Anisabad, PS Gardanibagh, Dist. Patna – Petitioner. Vs. 1. The Secretary, Revenue and Land Reforms Department, Bihar, Patna. 2. The Divisional Commissioner, Patna Division, Patna. 3. The Collector, Patna. 4. The Subdivisional Officer, Paliganj, Dist. Patna. 5. The Circle Officer, Paliganj, Dist. Patna – Respondents. 2 20.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by Annexure 6, the order of his transfer from Paliganj, Patna to Pandarak. The petitioner is a Class III employee working under the Circle Officer, Paliganj. Initially the petitioner was transferred in 2006 to Paliganj. The grievance of the petitioner is that he was not paid salary for the months of February, May to June and November 2007 till date. This court cannot understand why the salary of the petitioner has been withheld for the aforesaid period without any reason. From the pleadings it appears that the petitioner had made an application to the Subdivisional Officer, Paliganj for payment of his salary. The Subdivisional Officer by letter no. 16, dated 3.2.2010 had directed the Anchal Adhikari, Paliganj to make payment of the petitioner’s salary. Referring to an order of this court passed in the case of Bihar State Forum For Public Interest Litigation vs. State of Bihar, 1995 (1) PLJR 152, learned counsel for the petitioner submits that this court has directed that payment of salary should be made forthwith and until such time when payment is made, the petitioner will not be forced to join the new place of posting. The case referred to by the 2 petitioner was filed by way of a public interest litigation wherein 98 persons of Health Department were transferred who were not paid their salary for various period. The Division Bench of this court held that until such payment is made, they should not be forced to join their new place of posting. I accordingly direct that the petitioner should be paid his salary and until payment is made, no coercive steps should be taken and no order forcing him to join his new place of posting at Pandarak can be made. Learned counsel for the petitioner also refers to notification contained in memo no. 30572, dated 27.6.1994 clause 3 of which provides that employees should not be transferred unless it is essential for administrative reasons. The petitioner will be at liberty to file a representation against the order of his transfer before the District Magistrate, Patna stating all these facts. In the mean time the Subdivisional Officer and the Circle Officer, Paliganj are directed to ensure that the petitioner is paid his legal dues and after payment of his legal dues, the petitioner would necessarily have to join at his new place of posting at Pandarak unless there is an order in his favour by the District Magistrate, Patna regarding the transfer. This writ petition is disposed of with the aforesaid observation. A copy of this order may be handed over to S.C.I. haque (Sheema Ali Khan, J.)