IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18557 of 2010 Hiya Lal Kamat, son of Late Ghuran Kamat, Resident of village Parsa, Tole Navtoli, P.S. Ghoghardiha, District Madhubani…………………………….……………………Petitioner Versus 1. The State Of Bihar; 2. The Principal Secretary, Irrigation Department, Govt. of Bihar, Patna. 3. Engineer-in-Chief, Irrigation Department, Bihar, Patna. 4. Chief Engineer, Irrigation Department, Birpur, Supaul. 5. Executive Engineer, Western Embankment Division Nirmali, Supaul. 6. Executive Engineer, Irrigation Division, Tribeniganj, District Supaul. 7. Sub-Divisional Officer, Irrigation Sub-Division Pratapganj, District Supaul………………..Respondents ----------- 2 20.01.2011 Though the matter has been listed under the heading “For Orders” but, with consent of the learned counsel for the parties, the same is being taken up for admission for the purpose of final disposal. Heard learned counsel for the petitioner as well as learned counsel for the State. Though the prayer of the petitioner in the writ application is to quash the transfer order dated 18.06.2009, as contained in Annexure-3, so far as petitioner is concerned, but learned counsel for the petitioner has given up 2 that prayer and confines his prayer to a direction to the respondents to make available his last pay certificate, service-book, pass-book of G.P.F. deduction and pay statements. He submits that petitioner is agreeable to join at the transferred place where he was transferred by the said order of the Department dated 18.06.2009 by which he has been posted in the office of the Chief Engineer, Water Resources Development Department, Siwan. Learned Additional Advocate General No. VI submits that if the petitioner joins his transferred post, salary will be paid to him on the basis of proof of last pay drawn by him with immediate effect. After he joins in the office of the Chief Engineer, the Chief Engineer shall ensure that the abovementioned documents are collected and placed before him for fixation of final salary of the petitioner and thereafter salary of the petitioner will be paid as per final fixation of pay. In the circumstances, the writ application is disposed of with a direction to the Chief Engineer, Water Resources 3 Development Department, Siwan to ensure that after joining of the petitioner, all the abovementioned information, documents and materials are collected and placed before him within tree months and final fixation of pay of the petitioner is done. If it is found that salary of the petitioner is due of the previous posting, he will also take steps for release of the same by the concerned authority. Learned Additional Advocate General submits that the petitioner has remained absent for quite a long period, therefore, the Department should be at liberty to take disciplinary action including depriving of salary of petitioner of the period during which he has not worked. Respondents are given the liberty. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)