Judgment 1. The petitioner who was transferred vide Memo No.484(2) dated 21st June, 1997, whereby and whereunder, he was transferred from Sadar Hospital, Samastipur to Primary Health Centre, Pakaul, Begusarai. The petitioner represented against the order on the ground of transfer against non-existing post/place and the order of transfer was not given effect. Subsequently, the Civil Surgeon, Samastipur relieved the petitioner on 11th May, 1999 but petitioner having not joined the transferred post, the impugned order issued on 28th October, 1999, followed by Memo No.433 dated 22nd March, 2000. The petitioner has been directed to report to the office of Civil Surgeon-cum-Chief Medical Officer, Begusarai. 2. The counsel for the petitioner submitted that in view of order of posting, subsequent order allowing the petitioner to continue in the earlier place and in view of latest relieving order, the petitioner has not been paid salary since April, 1997. 3. In the facts and circumstances, the order of transfer having issued on 21st June, 1997, while I do not choose to interfere with the same, I feel that the question relating to posting of petitioner should be decided by the Respondents, if he has not yet been posted against a clear vacant post. 4. The case is, accordingly, remitted to the Commissioner-cum-Secretary, Health Department before whom the petitioner will file a representation. If it is found that the petitioner has been given posting against a non-existing place/post, vide order dated 21st June, 1997 and such order was not given effect till the end of 1999, the Commissioner-cum-Secretary will issue formal order of posting in favour of petitioner against a clear vacant post within one month from the date of receipt of such representation. 5. On the basis of such order, the petitioner to report/join the transferred post, whereinafter the authorities will be liable to pay salary, including the arrears stated to be due since April, 1997, within three months from the date of such joining to the transferred post. 6. In case of non-compliance of this order, it will be open to the petitioner to bring the matter to the notice of this Court to take appropriate action against the erring officer/person. 7. If the petitioner filed representation within three weeks, the authorities will not force the petitioner to join the post in pursuance of impugned order dated 22nd March, 2000, till final decision of the Commissioner-cum-Secretary, Health Department. 8. 7. If the petitioner filed representation within three weeks, the authorities will not force the petitioner to join the post in pursuance of impugned order dated 22nd March, 2000, till final decision of the Commissioner-cum-Secretary, Health Department. 8. The writ petition stands disposed of with the aforesaid observations and directions.