1. Heard learned counsel for the parties.

2. The present writ petition has been filed for quashing the reasoned order dated 02.05.2013, only with respect to claim for salary for the period from 27.05.2000 to 14.06.2005, which had been rejected.

3. As per the pleading, it appears that the petitioner, who was a regular employee of respondent authorities, has been posted in the cadre of Junior Engineer. The petitioner while posted in the Rural Development Department, his service had been reverted back to the parent department, vide order No.389 dated 20.12.1999. At the relevant time, petitioner was posted as a Junior Engineer on deputation under the Rural Development Department.

4. Vide order no.7014 dated 03.05.2000, the services of the petitioner had been taken back by the parent department i.e. Water Resources Department w.e.f. 30.06.2000. Accordingly, he had been asked to join the Head Quarters. The claim of the petitioner is that he has tried to submit his joining but his joining had not been accepted and accordingly, he had moved to the Hon’ble High Court by filing CWJC No.3580 of 2000. The said writ petition had been disposed of vide order dated 17.08.2001. Relevant portion of the said order is quoted hereinunder:-

“By this writ petition the petitioner challenges an order dated 20.12.1999 by which he has been relieved from his erstwhile post. It appears from the submission at the bar that many developments took place during the intervening period including one by which the petitioner along with others was repatriated to his parent Department namely, Water Resources Department on 30.09.2000. The petitioner has not submitted his joining in the said department. Obviously, he has done so at the risk of being proceeded against. In any view he may not be held entitled to salary for the intervening period.

For the present, I permit the petitioner to submit his joining in the parent department pursuant to the said notification dated 30.09.2000 by 21st of August, 2001.”

5. Thus, the decision had been taken on the basis that petitioner had failed to substantiate that he had submitted his joining to the Headquarter.

6. Learned counsel for the petitioner has relied upon the Rule 14, 25 and Rule 252 of the Bihar Service Code, which is quoted hereinunder:-

14. Duty-(a) Duty includes,-

(i) Service in India, as a probationer or apprentice, if such service is followed by confirmation or by appointment to Government service;

(ii) Joining time;

(iii) Extra leave on average pay granted to a Government servant undergoing treatment at a Pasteur Institute.

(b) On the occasion of his first arrival in India, a person appointed in England to Government service, who does not, before he reports himself at the seat of Government receives orders to take charge of a specified post is treated as on duty during the interval between the date of such report and the date on which he takes charge of his duties, provided that he shall not be so treated if the interval between the receipt of orders and the assumption of his duties exceeds the amount of joining time which would be admissible to a Government servant entitled to joining time under Rule 252 (a).

(c) The State Government may issue orders declaring that in the circumstances mentioned below, or in similar circumstances, a Government servant may be treated as on duty:-

(i) During a course of instruction or training in India.

(ii) In the case of a student, stipendiary or otherwise, who is entitled to be appointed to the service of Government on passing through a course of Training at a University, College, or School in India during the interval between the satisfactory completion of the course and assumption of duties.

(iii) During preparation for an examination in any oriental language.

25. Joining time means the time allowed to a Government servant in which to join a new post or to travel to or from a station to which he is posted.

252. Joining time may be granted to a Government servant to enable him-

(a) to