IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2187 of 2011 Baleshwar Prasad SON OF LATE ADAYA PRASAD RESIDENT OF SERHWA, P.S. SHIKARPUR, P.S. MURLI, DISTRICT WEST CHAMPARAN. Versus 1. The State Of Bihar 2. AGRICULTURE PRODUCTION COMMISSIONER, DEPARTMENT OF AGRICULTURE, BIHAR, PATNA. 3. THE DIRECTOR, AGRICULTURE DEPARTMENT, BIHAR, PATNA. 4. THE DIRECTOR (HORTICULTURE) AGRICULTURE DEPARTMENT, GOVT. OF BIHAR, PATNA. ----------- 2 30/06/2011 Petitioner is an erstwhile employee of what was known as Bihar State Agriculture Marketing Board. After dissolution of the said Board, services of the petitioner were brought under the State government and he was accommodated in the Horticulture department. He remained waiting for posting for a while till the respondents decided to send him to the office of the District Horticulture Office, East Champaran at Motihari on 21.05.2009. The District Horticulture Office, East Champaran at Motihari deputed the petitioner to work at Raxaul Nursery vide his order dated 1.6.2009. Petitioner is now working in the said place but no salary is being - 2 - paid to him. He approached the Director, Agriculture, Bihar on this issue many a times but no decision has been taken nor any direction has been issued. The Court can well understand that since the petitioner was waiting for posting, therefore, salary was not being paid to him but now that the petitioner has been given a posting under the District Horticulture Office, East Champaran at Motihari and is working regularly on his deployment in Raxaul Nursery, there is no reason why he has to go without salary now. Keeping the nature of the dispute which is not much of a dispute, this writ application is disposed of with a direction to the Director Agriculture (respondent no. 3) that he shall now take cognizance of the application of the petitioner and pass an appropriate direction for payment of salary to the petitioner from the period it is due and the period for which salary has not been paid if there is no legal impediment in such payment, which does not seem to be so atleast from the pleadings. The Court expects that such a decision shall be taken by respondent no. 3 within a period of eight weeks from the date of production or communication of a - 3 - copy of this order. This writ application stands disposed of. AMIN/ (Ajay Kumar Tripathi, J.)