IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5265 of 2003 DR.ABHA SINHA, Daughter of Sri Ram Narayan Prasad Sinha, resident of Jail Road Tilkamanjhi Bhagalpur, district Bhagalpur. Versus 1.THE STATE OF BIHAR 2.The Accountant General, Bihar Patna. 3.The Commissioner Cum Secretary, Department of Health, Government of Bihar, Patna. 4.The Civil Surgeon Cum Chief Medical Officer, Bhagalpur. ----------- 3 29.7.2010 Heard Mr. M.P. Gupta, learned counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application for payment of salary including arrear has been set out in paragraph 1 which reads as follows:- “That the petition is directed for the issuance of writ in the nature of :- Mandamus:- For direction to the Respondents to give arrears of salary to the petitioner of which are as follows:- Period Salary D.A. Total. 19.6.94 to 28.2.95- 1109 1471 258.00 1.3.95 to 29.2.96- 14372 15009 29781.00 1.3.96 to 12.5.96- 4769 5476 10245.00 25.11.98 to 28.2.99- 32094 8153 40247.00 1.3.99 to 29.2.2000- 71478 15959 87437.00 1.3.2000 to 28.2.01- 20791 45098 165889.00 March 2001- 10263 4085 14348.00 2, 54,876.00 95,651.00 3,50,527.0 ii.For the issuance any other appropriate writ, order or direction which may be applicable in the facts and circumstances of the case.” Mr. Gupta, learned counsel for the petitioner, would submit that during pendency of this writ application the petitioner has been paid salary for the aforesaid period, but certain dues have been not cleared and therefore this Court should give liberty to the petitioner to file a representation and a direction to the Respondent 2 no. 3 for its being disposed of by a reasoned order so that the payment of admissible amount could be made by the Respondent no. 4 to the petitioner. From reading of the counter affidavit filed by the Civil Surgeon it would transpire that as against the bills submitted by the petitioner for the period in question certain payments have been made. The details of the same can be found in paragraph no.6 of the counter affidavit which reads as follows:- “That it is further stated that the details of the bills which have been submitted in the treasury Bhagalpur are as follows:- Bill No. Period Amount. 77/03/04 19.6.94 to 8.4.95 2256.00 76/03/04 arrear pay of 1995-96 25777.00 78/03/04 25.11.98 to 28.2.99 36429.00 79/03/04 March 96 to May,96 9185.00 80/03/04 March,2000 to Jan,2001 82700.00 81/03/04 March,99 to Jan.2000 78858.00 82/03/04 Salary, etc. 13688.00 In view of above, the petitioner now claiming payment of salary beyond what has already been paid can get the same if there is proof of working of the petitioner.” Thus in the opinion of this Court, if the petitioner would submit her such claim for payment of salary beyond what has already been paid for the period in question, along with evidence of her working by filing a representation before the Principal Secretary of the Health Department, the same on its being verified and examined will be settled to the extent of admitted period of working of the petitioner. This exercise however must be completed by the Principal Secretary of the 3 Health Department within a period of six months from the date of filing of representation by the petitioner along with a copy of this order. Let it be however made clear that this Court has not expressed any opinion on the merits of claim of the petitioner and therefore it is open to the Principal Secretary of the Health Department to pass an appropriate order strictly in accordance with law. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)