IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15520 of 2005 KALLAR YADAV S/O LATE BHOLA YADAV R/O VILL- MOBHI PO-LALSAHPUR, DISTT-DARBHANGA AT PRESENT WORKING AS PEON AT GOVT.POLITECHNIC DARBHANGA ----------------------------PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECY. SCIENCE & TECHNOLOGY DEPTT. GOVT. OF BIHAR, PATNA 3. THE ADDL. SECY. SCIENCE & TECHNOLOGY PEPTT.GOVT. OF BIHAR, PATNA 4. THE DIRECTOR SCIENCE & TECHNOLOGY DEPTT. GOVT. OF BIHAR, PATNA 5. THE DISTRICT MAGISTRATE, DARBHANGA 6. SRI BHAGWAN SINGH, THE I/C PRINCIPAL J.M.I.T. DARBHANGA CUM-PRINCIPAL GOVT. POLITECHNIC, DARBHANGA-- ---------------------------RESPONDENTS. ----------- 2 24.9.2010 Heard learned counsel for the parties. Litigations will be created by the State and when the matters travel to the Court no assistance will be given. A counter affidavit sworn in the year 2006 has been filed today stating that the matter is pending before the Finance Department for consideration for payment of salary due to petitioner for the period of 11.10.99 to 25.9.2000. This is the period the petitioner was stated to be waiting for posting when the institution was taken over and his status was being worked out. As usual counsel for the State is not in a position to categorically state whether the authority of the Finance Department have taken any decision with regard to regularisation of those period and payment of salary due to the petitioner. It is a clear case of unsympathetic bureaucracy who are dragging their feet to decide the issue merely because the petitioner was a low paid employee and he cannot approach and oblige the high profile Babus in the Secretariat. - 2 - This writ application is disposed of with a direction upon Principal Secretary, Finance Department, Government of Bihar to communicate the decision on the issue of payment of salary to the petitioner, if not already authorized, within a period of three months from the date of production or communication of a copy of this order. Failure on their part to comply with the order within the time frame will be adversely viewed by this Court, if the occasion arises and if the petitioner is compelled to come to this Court on this issue a second time over. RPS (Ajay Kumar Tripathi, J.)