IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.974 of 2009 Deo Narayan Ram Versus The State Of Bihar & Ors ----------- 2. 28.06.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner, an Inspector in the Bihar Police, was allocated State of Jharkhand consequent to the reorganization of the State of Bihar. Aggrieved thereby he did not join and preferred to pursue the matter before this Court. Subsequently he has been allocated Bihar cadre. The controversy in the case relates to the period when he was allocated State of Jharkhand but did not join there and subsequently the period after he has officially been allocated State of Bihar. If the petitioner did not join the allocated State of Jharkhand obviously he committed an illegality. But if he continued to remain in the State of Bihar and served as a Police Officer on the rolls of the State of Bihar discharging duties utilized by the State of Bihar, naturally the principle of ‘No work no Pay’ shall not apply and he shall be entitled to his salary for that period. After the date that he has finally been allocated State of Bihar he is naturally entitled to his salary if otherwise he discharged his duties thereafter in accordance with law or he was prevented from discharging duties for reasons not attributable to him which may also include the period ‘waiting for posting’. Let the claims of the petitioner be examined in that light by the Director General of Police, in whose office the petitioner is stated to be posted, within a maximum period of three months from the date of receipt and/or production of a copy of this order before him. It is expected that if the respondents find justification in the claim of the petitioner or any part of the claim necessary consequential orders along with legitimate benefits shall be made available to him within the same period. Conversely any claim denied shall be disposed off by a reasoned and speaking order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)