IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.274 of 2010 MITHILESH KUMAR VERMA Versus THE STATE OF BIHAR & ORS ----------- 04 30.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that the only surviving grievance now is for non-payment of salary in between 10.7.2009 to 31.7.2009. It is submitted that in fact, the petitioner did give his joining at Uda Kishunganj on 10.7.2009, but the respondents who did not allow him to perform duties as another incumbent was occupying the office and in fact, the respondents have paid salary to the other incumbent during that period and for which reason they are finding excuses not to pay the petitioner by raising objection that he did not discharge duty. Learned counsel for the State from Annexure- A to the counter affidavit submits that the petitioner did not in fact join, but sent a letter by post. From Annexure-A to the counter affidavit, it appears that the petitioner submitted his joining at Patna on 10.7.2009. According to the order of transfer he was required to join at Uda Kishunganj. This Court in the circumstances finds it 2 difficult to pass any positive order for payment of the salary of the aforesaid period. It remains a question of fact whether there was another incumbent working on the same post at Uda Kishunganj, and for which reason the petitioner may have submitted his joining at Patna. If that be the position and the petitioner is able to demonstrate that he had attempted to joint at Uda Kishunganj, he shall be entitled to his salary. Alternatively, if the petitioner due to non- vacancy at Uda Kishunganj submitted his joining at Patna and kept himself available at headquarter at Patna during that period for work, he shall be entitled to his salary. This Court is satisfied that what was purely an administrative matter with regard to joining after transfer, acceptance of joining, discharge of duties and the right and liability for salary has been thrust upon this Court by the respondents in the form on an absolutely unwanted litigation. Let the respondents pass a reasoned and speaking order on the issues noticed above within a maximum period of ten days from the date of receipt/production of a copy of this order. It is expected that any necessary consequential orders in pursuance of such decision shall 3 be passed simultaneously within the same period. The application stands disposed. P.K. (Navin Sinha, J.)