IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16721 of 2008 BARUN KUMAR Versus THE STATE OF BIHAR & ORS ----------- 3. 09.01.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The original grievance of the petitioner against the order dated 26.9.2008 by which his order of transfer dated 25.9.2008 had been stayed without fresh orders for his posting, now stands remedied by a subsequent order dated 18.11.2008 issued by the Director Horticulture, Government of Bihar handing over the services of the petitioner to the Building Construction Department (Horticulture). Learned Counsel for the petitioner submits that to that extent he has no objection to the order dated 18.11.2008 but apprehends impediment in actual posting and allotment of duty. Shri J.P.Karn, learned AAG IX appearing on behalf of the State submits that the apprehension is misconceived. It is the duty of the State to allot duties to a government servant no sooner that he joins and the liability for the same lies on the State authorities alone. He submits that the State Government in the Building Construction Department (Horticulture) shall forthwith proceed to post and allot duties to the petitioner. Learned Counsel for the petitioner at this stage submits that the petitioner has already given his joining in terms of the order dated 18.11.2008. The only question now surviving is the submission with regard to salary for certain periods in question. From the facts of the case it appears that the petitioner was also placed under suspension on 14.7.2008 which has been unconditionally revoked on 25.9.2008 from the date of suspension without any departmental proceeding. The issue of salary is primarily a question of fact. If the petitioner was present for duties, willing to work, the employer did not allot him duties or posting, quite naturally he is entitled to salary for the said period. Otherwise he is not. Even for the period of suspension if unconditionally revoked with retrospective effect and there have been no departmental proceeding he is naturally entitled to his salary for the said period also. This writ application is therefore disposed with the observation that if the petitioner files any representation for his arrears of salary for any period in question, the same shall be considered by the respondents in the light of aforesaid discussions and his legitimate dues be paid to him within a period of eight weeks from the date of receipt/submission of a copy of this order. Snkumar/- (Navin Sinha,J.)