IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11359 of 2002 JOSHI ANIL KUMAR, son of late Ram Autar Dinesh, resident of Madipara, Ward No.1, House No. 76, J.C. Mullick Road, Dhanbad, Jharkhand at present posted as Health Education Additional Primary Health Centre, Chehariya, Durgawati, District Kaimur (Bhabua) Bihar … Petitioner Versus 1. THE STATE OF BIHAR 2. The Secretary cum Commissioner, Department of Health Govt. of Bihar, Patna 3. The Director-in-Chief, Health Services, Govt. of Bihar, Patna, New Secretariat, Patna 4. The Director Heath Services, Govt. of Bihar, Patna, New Secretarait 5. The Civil Surgeon cum Chief Medical Officer, Kaimur (Bhabua) 6. The Medical Officer In-charge Additional Primary Health Centre, Chechariya, Durgawati District Maimur (Bhabua) 7. The Medical Officer In-charge Primary Health Centre Durgawati, Kaimur (Bhabua) … Respondents. ----------- 4. 25.6.2010 Heard counsel for the petitioner and the counsel for the State. Mr. Viswanath Prasad Singh, learned Senior counsel for the petitioner, with regard to the following prayer : “This is an application for issuance of writ of mandamus or an appropriate writ and writs commanding the respondents to pay the petitioner his arrears of salary and allowances admissible to the petitioner from August, 1999 and also the current salary of the petitioner for which the petitioner is legally entitled and/or for any other order or direction for which 2 the petitioner is deemed fit and proper in the eye of law.” would submit that the respondents in their counter affidavit have themselves admitted such claim of the petitioner by taking the following stand: “9. That the Incharge Medical Officer, in compliance of the abovesaid directions, submitted the bill in the Treasury for the period April 2002 to November 2002 and the payment has been made and a request has been made for allotment of fund of Rs. 2,64,866/- for the payment of arrears of salaries for the period August, 1999 to March, 2002. It is submitted that the request has been sent to the Commissioner cum Secretary, Health for allotment vide letter no. 1691 dated 19.12.2002 and as soon as the allotment is received the payment will be made.” Learned counsel would further submit that this aspect of the matter has also been further clarified by the petitioner by filing a rejoinder affidavit and in this regard he would refer to paragraph 5 of the petitioner’s rejoinder affidavit which also being relevant is quoted hereinbelow: 3 “In reply made to para 7 to 10 of the counter affidavit under reply it is stated that though the requisite was made for allotment of fund of Rs. 2,64,866 for payment of arrear of salary for the period of August, 1999 to March, 2002 but uptill now the petitioner has been paid only Rs. 1,07,000/- towards the aforesaid arrears of salary and the rest amount has not been paid to the petitioner as yet although allotment was made for the entire aforesaid amount. As for the payment of salary of April, 2002 is concerned the petitioner has been paid salary but the petitioner has not been paid of increment from April, 2002 to February, 2003, and it will not out of place to mention here that the petitioner has not been paid the salary of February, 1999.” Mr. Singh, therefore, would sum up the submission that it is a gross case where the funds even after being made available by the State Government to the concerned district authorities was sought to be misused and/or diverted while denying the petitioner such payment. Counsel for the State would completely feign ignorance on this aspect, 4 inasmuch as the respondents in the counter affidavit had only sought to project a picture of the matter of fund being still pending with the Commissioner of the Health Department. In the given facts and circumstances of this case, this Court would direct the Principal Secretary of the Health Department to look into this aspect and if it is found that despite the requisition made and sanction given to the tune of Rs. 2,64,866/- as stated in paragraph 9 of the counter affidavit, if the local authority had made payment of Rs. 1,07,000/- only and the remaining amount was either diverted or surrendered or even being kept with them was denied to the petitioner, he would take immediate disciplinary action against the erring officials. At the same time as the petitioner has for no fault on his part remained unpaid with the balance amount, the Health Commissioner will ensure that if the balance payment has not been made as yet the same would be extended by way of payment to the petitioner within a period of three months from the date of receipt/ production 5 of a copy of this order. The Commissioner while making such exercise will also see the admissibility and grant of one increment as claimed by the petitioner. It will be also open for the Health Commissioner to take disciplinary action against the erring officials and pass suitable order of punishment. An action taken report thereafter would also be submitted by the Principal Secretary, Health to the registry of this Court. With the aforementioned observations and directions, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/