IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2141 of 2009 MD.ZAINUDDIN, SON OF LATE MD. SAMSUDDIN, RESIDENT OF VILLAGE – LAKHNO, POST – CHAKAN, P.S. CHANDAUTI, DISTRICT – GAYA. ……….. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. PRINCIPAL SECRETARY, HEALTH & FAMILY WELFARE DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3. DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4. CIVIL SURGEON-CUM- CHIEF MEDICAL OFFICER, GAYA. 5. CIVIL SURGEON-CUM- CHIEF MEDICAL OFFICER, SUPAUL. …………. RESPONDENTS. ----------- 03/ 30.06.2011 Petitioner had initially filed this application for a direction to the respondents for making payment of his arrears of salary for the period February, 2007 to November, 2008 as well as arrears of A.C.P. During the pendency of the writ application petitioner has paid arrears of A.C.P. and salary with effect from 5th September, 2008. As such the amended relief, which has been prayed by the petitioner relates to salary for the period February, 2007 to 4th September, 2008. Earlier also for similar relief petitioner had filed C.W.J.C. No. 5042 of 2008 which was disposed of on 5.9.2008. The petitioner was given liberty to represent his case before the concerned authorities making prayer for payment of arrears of salary in the light of this observation. When the petitioner moved and filed his representation the 2 Civil Surgeon, Gaya was not agreeable to make payment of salary because L.P.C. has been sent in favour of Civil Surgeon, Supaul. Due to this petitioner again filed this writ application for similar relief. Petitioner was transferred from Gaya to Supaul vide order dated 12.2.2007 which was challenged by him by filing C.W.J.C. No. 5171 of 2007. The petitioner transfer order was set aside vide order dated 31.5.2007 and the petitioner remained posted at Gaya. However, in the meantime, last pay certificate has already been sent to Supaul vide Memo No. 1090 dated 12.3.2007. The order passed in the writ application was challenged by the State in L.P.A. No. 50 of 2008 which was allowed vide order dated 28.7.2008. Petitioner was relieved from Gaya for giving joining at transferred place Supaul vide order dated 4.9.2008. He joined there. He represented for his transfer to Gaya on the ground that he is going to superannuate within a year and he has now superannuated on 30.4.2011. Petitioner has been paid his salary for the period 5.9.2008 to July, 2010 from Supaul and also salary for the months July till the date of superannuation from Gaya. The period in between i.e. 3 February, 2007 to 4.9.2008 he has not received his salary on account of filing of writ application. Setting aside of the transfer order and filing of L.P.A. by the State which was subsequently been allowed in favour of the petitioner. Petitioner has retired from Gaya. His last pay certificate was also sent to Gaya by Supaul Civil Surgeon, as such it is desirable that for the period in between February, 2007 till 4th September, 2008 his salary should be paid by the Civil Surgeon, Gaya. The specific reason for this despite his LPC be sent to Supaul petitioner remained at Gaya and worked there. Accordingly, the Civil Surgeon –cum- Chief Medical Officer, Gaya, (Respondent No. 4) will pass necessary orders for giving payment of salary to the petitioner for the aforementioned period. Payment must be made to the petitioner within four weeks from the date of communication/production of this order. This application is allowed. DKS/ (Mridula Mishra, J.)