IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12143 of 2010 ====================================================== 1. Dr.Anand Kumar S/O Shri Siya Ram Rai R/O Qr.No. Cd 600, Sector-Ii, P.O.Dhurwa, P.S.Jagannathpur, Distt-Ranchi, At Present Class -I, Veterinary Hospital, Mirzapur, Distt-Aurangabad .... .... Petitioner/s Versus 1. The State Of Bihar Through The Commissioner & Secretary Animal & Fisheries Resources Department [Earlier Known As Animal Husbandry &Fisheries Department ] New Secretariat, Government Of Bihar, Patna 2. The Finance Commissioner Government Of Bihar, Old Secretariat, Patna 3. The Director, Directorate Of Animal Husbandry New Secretariat, Government Of Bihar, Patna 4. The State Of Jharkhand Through The Commissioner & Secretary, Animal Husbandry Department Secretariat At Nepal House , Ranchi, Jharkhand .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. R.N.Mukhopadhaya For the Respondent/s : Mr. (Gp10) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 25-11-2011 Learned counsel for the petitioner places a Xerox copy of a government instruction dated 29.7.2011 with regard to payment of non-practicing allowance and submits that it has an impact on the present claims. Since the Court proposes to permit the petitioner to represent before the authorities in pursuance of the same, counsel for the respondents has no objection to the Court looking into the document, though not a part of the record, except for that purpose. The claims of the petitioner relate to arrears of Patna High Court CWJC No.12143 of 2010 (2) dt.25-11-2011 2 salary from 11.10.2000 to 7.11.2001 inclusive of non- practicing allowance. The petitioner consequent to reorganization of the State of Bihar was allocated the State of Jharkhand on 11.10.2000 and joined there on 26.7.2001. His claims have to be considered appropriately where he may have been posted during the relevant period. The counter affidavit filed by the State of Bihar acknowledges liability for payment from 11.10.2000 to 24.7.2001. It further acknowledges that payment shall be made to the petitioner soon. The Court at this stage relying upon the instruction dated 29.7.2011 permits the petitioner to represent before the State of Bihar for payment of the non-practicing allowance for the same period also. It further appears from the counter affidavit of the State of Bihar that the queries made by the State of Jharkhand for the remaining period till 7.11.2001 have been answered by the State of Bihar. If that be so, necessary information is now available with the State of Jharkhand to take a final decision. If the State of Jharkhand is of the opinion that any further information/clarification is required, it may proceed to do so when the State of Bihar is obliged to answer the same with promptness to enable the former to take a final decision on the claims for the period falling to its responsibility within a maximum period of three months from the date of receipt/presentation of a copy of Patna High Court CWJC No.12143 of 2010 (2) dt.25-11-2011 3 this order. Liberty is likewise granted to pursue the matters in accordance with the law as it may exist for the balance period before the State of Jharkhand for non-practicing allowance. The Court expects the State of Bihar to pay all legitimate dues of the petitioner whether the liability acknowledged by it or the additional claim for non-practicing allowance made by the petitioner all within a maximum period of three months from the date of receipt/presentation of a copy of this order. The writ application is disposed. Krishna Chandra Jha/- (Navin Sinha, J)