IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13096 of 2011 Jang Bahadur Singh S/O Late Deo Mani Singh R/O Santosh Homeo Dawakhana, Bajar Samiti Road, Buxar, P.S.- Buxar, Distt.- Buxar Versus 1. The State of Bihar. 2. The Secretary, Road Construction Department, Bihar, Patna. 3. The Secretary, Building Construction Department, Bihar, Patna. 4. The Deputy (Vigilance), Road Construction Department, Bihar, Patna. 5. The Deputy Secretary (Management Cell), Road Construction Department, Bihar, Patna. ----------- 02. 12.10.2011 Petitioner is an Assistant Engineer belonging to Road Construction Department. While being posted under the Road Construction Department he had to face a departmental proceeding, which culminated into imposition of certain punishment which would be evident from the order of punishment contained in Annexure-1 dated 30th September, 2009.The suspension order of the petitioner stood revoked thereafter and he joined the department on 1.10.2009. After joining he kept waiting for posting which only materialized on 27.1.2010 by virtue of notification contained in Annexure-3. When service of the petitioner along with some other persons came to be placed under the Building Construction Department, he has joined and has started working in terms of notification contained in Annexure-3. However, till date despite repeated claims salary for the period 1.10.2009 till 29.4.2010 which is the date of joining under the Building Construction Department has not been paid or the issue sorted out till date. Since non-payment of salary in this period as well as regularization for that period 2 has implications the petitioner has not been left with any option but to approach the High Court. The material being what is available on record does indicate that petitioner’s suspension stood revoked by virtue of Annexure-1, which is the notification or the order of punishment passed by the Road Construction Department and petitioner gave his joining on 1.10.2009 and remained waiting for posting till 27.1.2010 when notification came into play. Obviously, there is an obligation upon the respondents to sort out the period in question. Despite repeated calls there is none to represent the State by way of assistance. However, looking at the nature of the dispute this writ application can be disposed of with a clear direction upon both Secretary, Building Construction Department as well as Secretary, Road Construction Department that they shall have an obligation to take cognizance of the fact that the petitioner would be entitled to payment from either of the department with primary responsibility being upon the Road Construction Department as the petitioner is an employee of the Road Construction Department and he remained waiting for posting under the Road Construction Department till the notification contained in Annexure-3 came to be issued. On a fresh application being filed, both the authorities have obligation to decide the issue and settle the 3 matter within a period of three months from filing of such an application. Writ is allowed. rkp ( Ajay Kumar Tripathi, J.)