IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13481 of 2006 INDRADEO PRASAD s/o Ramswarath Singh resident of village- Kespa, P. O. Kespa, P.S. Tikari, District- Gaya. …. Petitioner. Versus 1. THE STATE OF BIHAR through the Chief Secretary Old Secretariat, Patna. 2. District Magistrate, Vaishali. 3. Civil Surgeon-cum-Medical Officer, Vaishali. 4. Commissioner-cum-Secretary, Health Department, Bihar, Patna. 5. Director-in-Chief, Health Department, Bihar, Patna. 6. Commissioner, Tirhut Commionary, Muzaffarpur. 7. Dr. Maha Nand Singh son of Ram Rekha Singh Incharge, Medical Officer, Primary Health Centre, Vaishali. 8. Incharge Medical Officer, Primary Heath Centre Vaishali. … Respondents. ----------- 3. 20.08.2010 Heard counsel for the petitioner and counsel for the State. The following prayer of the petitioner; “1(i) to be pleased to issuance of writ of mandamus and any other writ or writs and command directing the respondents-authority to release the remuneration of the period discharging his duty for the period Nov. 2005 to January 2006 and March 2006 to July 2006 with penal rate of interest as well as other consequential benefit and cost of harassment and mental agony.” could have been effectively adjudicated by this Court, had the respondents filed a counter affidavit but then from the records it would appear that such counter affidavit has not been filed even after a lapse of more than 2 three and a half years of filing of the writ application ( on 8.11.2006) and despite an order of this Court dated 20.8.2007. In that view of the matter, this Court would direct the Civil Surgeon-cum-Chief Medical Officer Vaishali at Hazipur to dispose of the representation of the petitioner dated 22.7.2006, a copy whereof has been made Annexure-3 to this writ application within a period of three months from the date of receipt/production of a copy of this order. It goes without saying that if upon taking consideration of the facts mentioned on the aforementioned representation of the petitioner, he is also found entitled for payment of either full or part of the salary as claimed by him, the actual payment thereof must also be made to him in next one month from the date of passing of such order. In the event, any portion of salary would not be found payable, the Civil Surgeon will be required to record reasons for the same and communicate the same to the petitioner by registered post with acknowledgement due. 3 Let it however be made clear that this Court has not gone into the merits of the claim of the petitioner and has simply remitted the matter back for taking appropriate decision strictly in accordance with law. With the aforementioned observation and direction, this writ application is disposed of. kanchan (Mihir Kumar Jha, J.)