IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9585 of 2009 SMT.SANYUKTA DEVI, WIFE OF SRI CHANDRA KUMAR PATHAK, RESIDENT OF MOHALLA-SADIKPUR SINDHUA TOLI, P.O.- GULZARBAGH, P.S.-ALAMGANJ, DISTRICT-PATNA AT PRESENT POSTED AS A.N.M. , AT PRIMARY HEALTH CENTRA, BIHTA (PATNA) ………. …………….. ……….. ………… PETITIONER. Versus 1. THE STATE OF BIHAR 2. Principal Secretary, Department of Health, Government of Bihar, Patna. 3. District Magistrate, Patna. 4. Civil Surgeon-cum-Chief Medial Officer, Patna. 5. Medical Officer, in-charge, Primary Health Centra, Bihta (Patna) …………… ……………… Respondents. ----------- 2. 26.08.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner has filed this application for a direction to the respondents to pay arrears of her salary for the period 25.04.2007 to 09.02.2008, arrears of first A.C.P. amounting to Rs 33,000/- , amount of the difference of salary on account of early increment w.e.f. 09.08.2006 and also to pay the arrears of second A.C.P. w.e.f. 07.10.2004. Further grievance of the petitioner relates to deduction of Rs 1390/- from the monthly salary of March, April, 2009. Petitioner was appointed on the post of A.N.M. She gave her joining on the post on 07.10.1980 in the office of Child Development Project Officer, Fatuha (Patna). She was put under suspension vide order contained in Memo No. 2961 dated 25.04.2007 issued by the Civil Surgeon-cum-Chief Medical Officer, Patna for the alleged charge of not working in Pulse Polio Cycle. The Departmental Proceeding initiated 2 against the petitioner has been concluded and she has been exonerated from the charges with a caution to be careful in future. The suspension order has also been revoked vide order dated 09.02.2008 contained in Memo No. 1032. Petitioner’s grievance is that though she has given joining after revocation of her suspension at Primary Health Centre, Bihta and since then she is working there to full satisfaction of the authority, her salary for the period of suspension and other amounts as mentioned in the writ application, have not been paid. For non- payment of arrears of salary, arrears of A.C.P. (Ist and IInd) and increment w.e.f. 09.08.2006, she has already represented her case before the District Magistrate, Patna and District Magistrate, had directed Civil Surgeon for making payment to the petitioner still payments have not been made to her. Civil Surgeon-cum-Chief Medical Officer, Patna has also directed the in-charge , Medical Officer, Primary Health Centre, Bihta vide order dated 23.03.2009 contained in Memo No. 1488 to take initiative for making payment and report him after payment of petitioner’s dues. Despite direction of the District Magistrate and Civil Surgeon, the in-charge, Medical Officer, Primary Health Centre, Bihta is not taking any steps for making payment of arrears of difference of salary which has been given in the writ application. Counsel appearing for the state has stated that so far the dues of petitioner is concerned, on the basis of order dated 3 21.03.2009 contained in Memo No. 2966 passed by the District Magistrate, Patna and the letter of the Civil Surgeon-cum-Chief Medical Officer, Patna vide his Memo No. 1488 dated 23.03.2009, are admitted dues, as such, there is no reason for not making payment to the petitioner. Considering these facts, this writ application is being disposed of directing the in-charge, Medical Officer, Primary Health, Bihta for making payment of arrears of salary for the period 25.04.2007 to 09.04.2008, arrears of first and second A.C.P. as well as difference of pay on account of due early increment w.e.f. 09.08.2006. The amount which has been deducted from the salary of the petitioner from the month of March and April, 2009 should also be paid to the petitioner. All payments must be made within four weeks from the date of receipt/production of a copy of the order. In case the in-charge, Medical Officer, Primary Health Centre, Bihta puts any obstruction or delays payment of arrears to the petitioner, the Civil Surgeon-cum-Chief Medical Officer, Patna and District Magistrate, Patna are directed take necessary disciplinary action against the respondent, in-charge, Medical Officer, Primary Health Centre, Bihta. With the above directions/observations, this writ application is, being, disposed of. AKV/ ( Mridula Mishra, J.)