IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4065 of 2003 BIJAY KUMAR MANDAL, Son of Sri Rameshwar Mandal, at present working as Junior Engineer, Rural Development Department (R.E.O), Kahalgaon Block, Bhagalpur, permanent resident of Mohalla-Mohanpur, P.O. Jamalpur, District-Munger. Versus 1.THE STATE OF BIHAR,through Secretary-cum- Commissioner, Rural Development Department, Government of Bihar, Patna, having his office in Vishwaseraya Bhawan, P.O.&P.S Shastrinagar, District-Patna. 2.Engineer-inChief-Cum Under Secretary-Cum- Special Secretary, Rural Development Department, (Rural Engineering Organisation), Government of Bihar, Patna, having his office in Vishwasaraya Bhawan, P.S. Shastrinagar, District-Patna. 3.The Chief Engineer, Rural Engineering Organisation Bihar, Patna having his office in Vishwasaraya Bhawan, P.S. Shastrinagar, District-Patna. 4.The Executive Engineer, Rural Engineering Organisation (Works Division), Bhagalpur. 5.The Collector, Bhagalpur. 6.The Deputy Development Commissioner, District- Bhagalpur. 7.The Block Development Officer, Kahalgaon, District-Bhagalpur. ----------- 4 29/7/2009 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application is very limited and in fact to the extent that his payment of salary for the period from 1.1.2000 to 11.6.2001, the period of deputation, should be made. Counsel for the petitioner also relies on an order of the Engineer-in-Chief, Rural Development Department dated 22.10.2001 to contend that even when head of the department had passed an order directing the Deputy Development Commissioner, Bhagalpur to make payment of salary of the petitioner, as claimed, such order was not complied coercing the petitioner to approach 2 this Court for a direction of payment of salary. As usual there is no counter affidavit even after expiry of period of six years of filing of the writ application. A prayer, in fact, is made by counsel for the State to allow him to take instruction and to file counter affidavit. Such prayer must be in absence of any valid reason must be rejected. This Court would accordingly direct the respondents to examine claim of the petitioner for payment of his salary and if it is found that the petitioner had discharged his function on the post of Junior Engineer for the period in question, i.e, from 1.1.2000 to 11.6.2001, he must be paid his salary within a period of three months from the date of receipt/production of a copy of this order. It is, however, made clear that if the respondents hold the petitioner not entitled for payment of salary on any ground, reasons thereof must be communicated to the petitioner within the same period. With the aforementioned observations/directions this application is disposed of. Abhay Kumar (Mihir Kumar Jha, J.)