Timely and specific posting is essential for transferred employees, and they are entitled to full salary for waiting periods due to transfer delays.

1. The petitioner, a Health Educator, was transferred on 5th June, 1998 from Additional Primary Health Centre, Saraiya, Paharpur (East Champaran) to Patna, under the control of Civil Surgeon, Patna, where he joined on 15th September, 1998. Subsequently, he was given specific posting at Nupur (within the district of Patna), where he joined on 17th March, 1999. Subsequently, the order of posting having cancelled, the petitioner moved in C.W.J.C.No. 6211/99, which was disposed of by this Court on 6th August, 1999 and the Secretary, Health Department was directed to issue specific order of posting in favour of petitioner and for payment of salary. After Courts order, specific order of posting was issued on 30.9.1999 and the petitioner was posted under the control of Civil Surgeon, Jehanabad. When the petitioner reported to the Office of Civil Surgeon, Jehanabad, he again returned the services of petitioner under the Civil Surgeon, Patna on the ground of non-availability of post.

2. In the aforesaid circumstances, the present writ petition has been preferred.

3. No counter affidavit has been filed on behalf of the State in spite of time granted on 11th February, 2000.

4. Learned S.C. II submits that he has received instruction that the authorities are looking into the matter to accomodate the petitioner at some place.

5. In the facts and circumstances, I direct the Civil Surgeon-cum-Chief Medical Officer, Patna to issue specific order of posting in respect of petitioner within fifteen days from the date of receipt/production of a copy of this order.

6. If so necessary, he may resort to chain transfer to accommodate the petitioner against a clear vacant post by transferring such person who is working for more than six years against a particular post. Further, if required under the Rules, the matter may be placed before the Establishment Committee.

7. So far as salary is concerned, as the petitioner could not perform duty because of one or other order of transfer, which were not given effect to and/or, he had to await posting, he will be entitled for full salary for the said period i.e. from September, 1998 till date.

8. Such arrears of salary be paid within one month from the date of joining of petitioner to the transferred place.

9. The Civil Surgeon-cum-Chief Medical Officer, Patna and the Additional Secretary, Health Deptt. are directed to ensure compliance of this order, failing which this Court may take appropriate action.

10. The petitioner will produce a copy of this order before the Civil Surgeon- cum-Chief Medical Officer, Patna and Additional Secretary, Health Deptt.

11. The writ petition stands disposed of with the aforesaid observations and directions.

12. Let a copy of this order be handed over to learned S.C.II.