IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4110 of 2007 Smt. Minakshi Kumari, age about 34 years, Wife of Sri Rajesh Kumar, Resident of Mohalla Reefugy Colony, Kalambagh Chowk, P.S. Kazi, Mohammadpur, P.O. Ramna, Dist. Muzaffarpur. ----- Petitioner Versus 1. The State of Bihar. 2. The Secretary, Health Department, Govt. of Bihar, Patna. 3. The Civil Surgeon, Muzaffarpur. ----- Respondents ----------- 2 16.08.2011 No one appears on behalf of the petitioner. Counsel for the State is present and would explain with the help of the counter affidavit that the petitioner’s prayer for payment of salary for the period February 2001 to April 2001 and August 2001 to November 2001, would not be admissible to her, inasmuch as, she had not worked in the said period by flouting/disobeying the order passed by the controlling authority. It has to be noted that the aforesaid stand taken in the counter affidavit, a copy whereof was served on the counsel for the petitioner on 17.1.2008 itself, has not been controverted nor any one has represented the petitioner. That being so, this application, in view of the stand taken by the counsel for the respondents in their counter affidavit, must be held to be misconceived, inasmuch as, the Government servant can claim payment of 2 salary only in the event of successful discharge of duty as assigned and/or being deprived to work in an illegal manner. Here in this case, since the petitioner, despite the order of the superior authority, had not worked on the post as has been explained in the counter affidavit, which remains uncontroverted, this Court will have no option but, to hold that this writ application, claiming salary for the aforesaid period, is wholly misconceived. It is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)