IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16332 of 2001 SHANTI DEVI Versus THE STATE OF BIHAR & ORS ----------- 5. 25.09.2008 Heard learned counsel for the petitioner. No one appears on behalf of the State. None is present on behalf of Jagdishpur Municipality, District-Bhojpur (Respondent no. 4), despite valid service of notice. No counter affidavit has been filed on behalf of Respondent no. 4. Learned counsel for the petitioner submits that Respondent no. 4 has done nothing in the matter with regard to examination of the claim of the petitioner for salary in terms of the order dated 4.1.2002. To keep this writ application pending shall only be granting latitude to Respondent no. 4 for their own lapses. The petitioner is directed to appear before the Civil Surgeon, Bhojpur along with a copy of the present order. On the day that the petitioner presents herself, within three weeks the Civil Surgeon shall constitute a Medical Board and medically assess the age of the petitioner. On basis of such certificate to be issued by the Medical Board, the petitioner shall present the same before Respondent no. 4 and on basis of which her tenure of service shall abide. In so far as the claim for salary alleged to be due from October, 1998, the same shall abide by the twin conditions of her tenure of service on age as assessed by the Medical Board as also the principle that she shall be entitled for the salary for days that she has - 2 - actually worked. This determination shall be done by Respondent no. 4 within a maximum period of two months from the date that the petitioner presents the report of the Medical Board. The salary admissible in accordance with law shall be paid to the petitioner within the aforesaid period of two months. If the salary is denied for any period within the tenure of service based on the report of Medical Board, Respondent no. 4 shall have to pass a reasoned and speaking order. The writ application stands disposed. AKS/ (Navin Sinha, J.)