IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10365 of 2001 DR.RAVI RANJAN RAJESH Versus THE STATE OF BIHAR & ORS ----------- 6. 04.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. The petitioner is before this Court with a claim for salary from June 1998 till date. It is his case that in pursuance of certain orders of his transfer he was shifted from one place to another and was kept waiting for posting due to non-availability of vacancy. That he cannot be faulted for the same and therefore he is entitled for his wages for the period in question. A counter affidavit has been filed on behalf of the respondents. It acknowledges the claim of the petitioner till 9./6.1998 and his dues for salary in consequence of his waiting for posting. It however states that after his services were returned from the Primary Health Centre, Sultanganj at Bhagalpur on 9.6.1998 for lack of vacancy, the petitioner thereafter reported for duty on 9.6.1999. The contention of the respondents therefore is that the petitioner absented himself unauthorisedly for one year and is not entitled for salary for the period 9.6.1998 to 9.6.1999. It is pleaded that even thereafter he absented himself unauthorisedly. In his rejoinder the petitioner has denied that he has absented himself unauthorisedly and that he was performing duties. The issue whether the petitioner absented from 9.6.1998 to 9.6.1999, on the pleadings of the parties becomes clearly one of disputed facts requiring examination of documents and may be witnesses also which cannot be adjudicated in writ jurisdiction. The writ application is therefore disposed with directions to the respondent no. 3 to examine the allegations against the petitioner of unauthorisedly absentation from duty from 9.6.1998 to 9.6.1999 vis a vis his contention that he was present on duty. Let such consideration and final decision after hearing all concerned be taken by the said respondent within a period of three months from the date of receipt and/or presentation of a copy of this order. Needless to state that necessary consequential orders shall then be passed on such determination of facts in the enquiry by the respondent no. 3. If the petitioner makes any request for posting, quite naturally the respondents are required to consider the same expeditiously. Snkumar/- (Navin Sinha,J.)