IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10840 of 2008 MAHENDRA SHARMA Versus THE STATE OF BIHAR & ORS ----------- 3/ 29/8/2008. Today again learned counsel for the State prays for an adjournment to seek instructions to file counter affidavit. The Court is not persuaded to grant further indulgence in the nature of the controversy. Interim stay was granted on 24.7.2008 of the order of transfer noticing the submission that the petitioner was a physically handicapped person, struck by polio in both his legs, unable to move without assistance. The contention of the petitioner remaining uncontroverted, coupled with the plea that no proper transport facilities for a handicapped person were available at the transferred place of posting, the application is allowed and the impugned order of transfer dated 12.5.2008 is set aside with a simultaneous remand to the statutory authority, respondent No.4, under the Transfer Rules, 2006 to pass a fresh order, in accordance with law, appropriately considering the grounds urged on behalf of the petitioner, within a period of one month. In view of the interim order of stay granted by this Court, the petitioner shall be entitled for his salary also, for the periods that he has worked till fresh appropriate orders are passed, in accordance with law. The writ application stands disposed. KC ( Navin Sinha,J )