IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10273 of 2009 SHANTI DEVI, WIFE OF SATRUDHAN DAS, RESIDENT OF VILLAGE-SARARI, P.O.-KHAGAUL, P.S. SAHPUR, DISTRICT-PATNA ……..PETITIONER Versus 1. THE STATE OF BIHAR 2. The Civil Surgeon-cum, Chief Medical Officer, Patna. 3. Medical Officer, In-charge, Primary Health Centre, Paliganj at P.O. & P.S. –Paliganj, District-Patna. 4. Medical Officer, In-charge, Primary Health Centre, Bikram at P.O. + P.S.+District –Patna. 5. The Director, Health Services, Government of Bihar, Patna. …………. …………… Respondents. ----------- 2. 11.09.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Counsel for the petitioner is permitted to implead the Director, Health Services, Bihar, Patna as respondent No. 5. Petitioner is an A.N.M. Her grievance is that on account of frequent transfer orders, issued by the authorities, without making payment of her salary at the place from where she was transferred and also because of delayed issuance of L.P.C., her salary for several months since 1998-99, has remained unpaid. The details of unpaid salary has been given in Annexures-1 & 1/1, which starts from November, 1998 to July, 2009. Petitioner has also annexed different letters issued by the Civil Surgeon-cum- Chief Medical Officer, Patna to the concerned Medical Officer. In- charge, Medical Officer of Paliganj and Bikram for making payment of arrears of salary of different months in the different year to the petitioner, but on one or the other pretext, till date it has remained 2 unpaid. This writ application is being disposed of. The petitioner is directed to file a representation giving entire details of her arrears of salary, within two weeks from today before the Civil Surgeon- cum-Chief Medical Officer, Patna. In case of such filing of representation by the petitioner, the Civil Surgeon-cum-Chief Medical Officer, Patna will take all necessary action for payment of arrears of salary to the petitioner, within three weeks from the date of filing such representation. The Civil Surgeon-cum-Chief Medical Officer, Patna will not be absolved from his duty simply by issuing a direction to in-charge, Medical Officers, rather he will have to see that actual payment is made to the petitioner within this period. In case the Civil Surgeon-cum-Chief Medical Officer, Patna as well as the in-charge, Medical Officer, Primary Health Centre, Paliganj and Bikram will fail to make payment of entire arrears of salary to the petitioner within the stipulated time, the Director, Health Services, Bihar Patna will have to take action in this regard. He is directed to take steps for making payment of petitioner’s arrears of salary by deducting it from the salaries of the Civil Surgeon-cum-Chief Medical Officer, Patna as well as in-Charge, Medical Officer, Primary Health Centre, Paliganj & Bikram. This writ application is accordingly, allowed. AKV/ (Mridula Mishra, J.)