Hon’ble Sudhir Agarwal, J.—Heard Sri A.N.Rai, learned counsel for the petitioner, learned Standing Counsel for the respondents and perused the record.

2. In this writ petition, petitioner was transferred vide order dated 11.6.2004 but he was not allowed to join at the transferred place on the ground that there was no vacancy. In this view of the matter, petitioner was not allowed to work from July, 2004 to 29.1.2006. Now, when he claimed salary for the said period, it has been rejected on the ground, since he did not work, therefore, is not entitled for salary.

3. It is contended that petitioner was not allowed to join as there was no vacancy on which he was transferred and there was no fault on his part, yet he has been denied salary, which is patently illegal.

4. It is said that on the one hand, respondents themselves passed an illegal order of transfer on 11.6.2004 without caring whether on the place of transfer, there was vacancy or not in which petitioner could have been transferred and when Officer In-charge at transferred place did not allow petitioner to join on the ground that there was no vacancy, for non functioning of this period, petitioner cannot be blamed or