IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9481 of 2006 BINDA GOPE Versus THE STATE OF BIHAR & ORS ----------- 2. 07.05.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The petitioner assails the order dated 25.5.2005 at Annexure 1 rejecting his representation for release of his salary for the period 1.2.1991 to 30.9.1991. Learned Counsel submits that by an order5 dated 18.12.1990 the petitioner was transferred from the Rural Engineering Organistion at Pakur to the Road Construction Division, Headquarters at Patna. It is his specific case in Para 6 that despite the transfer he was not relieved for reasons of pending works and after completion thereof he was relieved on 27.9.1991 when he joined his transferred place of posting on 3.10.1991. The facts that during this period he continued to discharge his duties at pakur is evident from the order dated 25.5.2005 itself when it states that he continued to work without a post. The respondents in their counter affidavit in Para 5 and 7 have chosen not to deny the specific assertion of the petitioner that he was not relieved at Pakur due to pendency of work and no sooner he was relieved he joined the transferred place of positing. The facts of the case being not in dispute and the admission of the respondents in the counter affidavit that the petitioner continued to discharge duties this Court holds that he is entitled to the salary for the period in between 1.2.1991 to 30.9.1991. The petitioner is stated to have superannuated on 30.11.2000. Let the arrears be paid to him within a maximum period of two months from t5he date of receipt and/or production of a copy of this order. The writ application stands disposed off with the directions indicated above. Snkumar/- (Navin Sinha,J.)