JUDGEMENT Reply filed by respondents is allowed to be taken on record. The document annexed therewith is also admitted subject to just exceptions. 2. Whether an employee who sincerely and honestly comply with transfer order relinquish the charge and joined at the place of posting can be compelled to apply for leave of the kind due because he is found to be surplus for no fault of his? This is the only point which survives for consideration 3. The applicant working as T.G.T. (Arts) was transferred from Govt. Middle School Kufri to Govt. Middle School Nagrota Gajian on June 22, 2001 vide Annexure-A/1 vice Balwant Singh T.G.T. (Arts). Balwant Singh under transfer from Govt. Middle School Nagrota Gajian to Govt Middle School Kufri (Mandi) as per remarks column in Annexur-A/4 was adjusted at Govt. High School Brahiari (Hamirpur) against vacancy caused due to the retirement of TGT (A) on July 31, 2001 4. In pursuance of the transfer order Annexure-A/1 dated June 22, 2001 the applicant had joined at Govt. Middle School Nagrota Gajian m June 2001. Since then he is continuously working there. 5 The applicant has been paid the salary till March 31, 2002. He has not been paid salary from April 1, 2002 to July 31, 2002 mainly on the ground that he was surplus as two persons cannot be allowed at the same post. This piquant situation has been arisen due to the fact as Balwant Singh transferred vide Annexure-A/4 had obtained a stay order. 6 The applicant has been continuously working at Nagrota Gajian and the salary for the period of four months has been denied to him on the ground that he is surplus. 7.The learned Addl. Advocate General has drawn our attention to the guidelines/policy formulated by the Stale vide Annexure-R/1 under the subject Unauthorized drawl of salaries of employees by the DDOs in various Departments in Himachal Pradesh and these guidelines is as under- "1. The employee who has been transferred and posted to another station and joins there as per norms but the incumbent against whom he has been posted and who evaded such orders shall be treated as surplus. However, in case such employee obtains stay from court another person who has been transferred and posted against Mm shall be treated as surplus. The employee who has been transferred and posted to another station and joins there as per norms but the incumbent against whom he has been posted and who evaded such orders shall be treated as surplus. However, in case such employee obtains stay from court another person who has been transferred and posted against Mm shall be treated as surplus. The employee who are going to retire within next six months or are staying there may not be termed as surplus. 2. Salary shall be released only m such cases of surplus.....employees against vacancies where final adjustment has been made or the employee has retired from service or is due to retire within next six months. 3 In all such cases, the surplus period shaft be treated as leave of the kind due. 4. In order to provide adequate opportunity to the concerned employees for adjustment the period of surplus shall begin after one month from the date of joining of substitute. 5. In case of posting of two employees at one place, the concerned DOO / HOD shall take immediate steps for adjustment and relieving of surplus employees to enable them to join at their new places of posting. Court cases shall be followed on top priority basis.’ 8. In the given case in hand the guidelines at SI. No.1 may be attracted but it is moreso in favour of the person who is evading the transfer or who has succeeded in getting stay order without the knowledge of the incumbent who dutifully and in all sincerity has relinquished the charge in order to join at the new place of posting. The latter person suffers for his honest and sincere deed while relinquishing the charge and joining on June 26, 2001. From June 26, 2001 upto March 31, 2002 he was regularly paid salary Clause 5 of the guidelines Annexure-R/1 provides that in case of posting of two employees at one place, the concerned DDO/HOD shall take immediate steps for adjustment and relieving of surplus employee to enable them to join at a new place of posting. In the present case no such steps appear to have been taken by the concerned officials. 9. In denying salary for the period for which he has been regularly working and directing him to apply for leave or the kind due would amount to violation of principles of natural justice. In the present case no such steps appear to have been taken by the concerned officials. 9. In denying salary for the period for which he has been regularly working and directing him to apply for leave or the kind due would amount to violation of principles of natural justice. The application of natural justice become presumptive unless found excluded by express words of statute or necessary intendment Reliance in this regard is placed on "Mangi Lal vs. Stale of U.P. (2004) 2 SCC 447". It is well settled that doctrine developed in the administrative law field to ensure the rule of law and to prevent failure of justice. Object of the doctrine of natural justice is not only to secure justice but to prevent miscarriage of justice. 10.We are therefore, of the considered view that the applicant cannot be made to suffer by asking him to apply for leave of the kind due for no fault of his. In tact he is legally entitled to the salary for the period in question. With these observations the original application is allowed. Respondents are directed to pay the salary to the applicant for tie period in question within one month. -