IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8827 of 2010 1. Vibhakar Singh S/O Late Ramashanker Singh R/O Mohalla- Hajiapur Ward 9, P.O.+P.S.- Gopalganj, Distt.- Gopalganj Versus 1. The State Of Bihar 2. The District Magistrate, Gopalganj 3. The District Panchayati Raj Officer Gopalganj, Distt.- Gopalganj 4. The Block Development Officer, Thawe, Gopalganj 5. The Secretary Department Of Rural Development Bihar, Patna 6. The Director Panchayati Raj Department Govt. Of Bihar, Patna ----------- 3. 14.10.2011 Heard learned counsel for the petitioner and the State. The writ petition was filed on 17.5.2010 after serving two copies in the office of the Advocate General on 12.5.2010. This long passage of time has not been considered sufficient to file a counter affidavit let alone the specific adjournment granted for the purpose also on 29.3.2011. The writ petition raises a claim for salary. It is a statutory right. Subject to fulfillment of conditions, it envisages administrative obligations only. If a person has been validly appointed and has been discharging duties, payment of salary is purely an administrative function. It is not for the Court but the administrator to do so. Let respondent no. 6, Director Panchayati Raj Department examine the claims of the petitioner and pass appropriate reasoned and speaking order within a maximum period of four weeks from the 2 date of receipt/production of a copy of this order. Needless to state that if the respondents find justification in the claim or in any part of the claim necessary consequential orders shall be issued simultaneously. If the salary is proposed to be denied the respondents are obliged to pass a reasoned and speaking order after furnishing full materials to the petitioner with an opportunity to defend. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)