Jaya Kasif And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15087 of 2018 ======================================================

1. Jaya Kasif, S/o Late Md. Abdul Ghaffar, Resident of MohallaMahadewa, Ara, P.S.-Ara, District-Bhojpur.

2. Md. Nasir Alam, S/o Late Md. Manzoor Alam, R/o VillageBaluwa, P.S.-Palasi, District-Araria.

3. Md. Shakil Jamali, S/o Late Md. Sahabuddin, R/o VillageSikrihar, P.S.-Bahadurganj, District-Kishanganj. ... ... Petitioner/s

Versus

1. The State of Bihar through the Director Land Records and Survey, Department of Revenue and Land Reforms, Old Revenue and Land Reforms, Old Secretariat, Patna.

2. The Collector Cum Land Settlement and Survey Officer, District- Bhagalpur.

3. Upper Divisional Clerk Land Settlement and Survey Office, Combined Building, Dist. Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Atiullah, Adv.

For the Respondent/s :

Ms. Sangha Mitra Ghosh, AC to GP15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-10-2018 Heard learned counsel for the petitioners and counsel for the State.

In this case, the petitioners are challenging the order of transfer dated 29.6.2018 making a grievance that though they have already joined the new place of posting but, no payment has been made to them.

If the petitioners have joined the new place of posting, in such circumstances, this Court does not find any reason for non-payment of salary.

In that view of the matter, this Court directs the authority concerned to make payment of salary to the petitioners

Patna High Court CWJC No.15087 of 2018(6) dt.03-10-2018 2/2 as has been claimed that they have already joined the new place of posting.

So far the order of transfer is concerned, the petitioners have already filed a representation. If that be so, the authority concerned will look into the same and will take a decision in accordance with law.

As has been submitted by the petitioners that other persons who have also been transferred by the same impugned order are still occupying the seat there.

This Court directs the Collector, Bhagalpur, to ensure that those who have been transferred from there, unless there is a stay order from any court or authority, they should instantly be relieved and be directed to join at the new place of posting. With the aforementioned observation and direction, this writ application is disposed of.

(Shivaji Pandey, J) rishi/- U