IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16799 of 2007 Rajendra Prasad, son of Madan Lal, Resident of village Jhingnagar, P.S. Badi Dargah, District Nalanda at present posted as Sweeper, Referal Hospital, Islampur, Nalanda … Petitioner Versus 1. The State Of Bihar through the Commissioner and Secretary, Health Department, Govt. of Bihar, Patna 2. The Civil Surgeon cum Chief Medical Officer, Nalanda at Bihar Sharif 3. The Incharge Medical Officer, Referal Hospital, Islampur, Nalanda … Respondents ---------------------------------- 2. 22.12.2011 Heard counsel for the petitioner and the counsel for the State. The dispute in this case being one where the petitioner claims to have worked and denied payment of salary despite such working whereas the respondents in their counter affidavit have made an averment that the petitioner was absent from duty, cannot be adjudicated within the limited parameters of Article 226 of the Constitution of India. Since the dispute can be resolved only by going into the evidence, this Court would give liberty to the petitioner to produce those evidence before the Civil Surgeon of Nalanda District as with regard to his working in the relevant period. If the Civil Surgeon is satisfied from such evidence that the petitioner had actually worked in that period, he would pass an order for payment of his salary for the concerned period but if it is held by the Civil Surgeon that the petitioner did not work in the relevant period, he would pass a reasoned order rejecting the claim of the petitioner. In order to expedite the matter this Court would give liberty to the petitioner to file his representation within a period of 2 four weeks from today, whereafter the Civil Surgeon of Nalanda District must pass his order within next four months. It goes without saying that if the petitioner is found entitled to any further amount that shall be also paid to the petitioner in next two months. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/