IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15246 of 2008 Dewashish Ghosh, Son of Late Anil Chandra Ghosh, resident of Village Rasiyari, P.S. Ghanshyampur, District Darbhanga………………………………….……..Petitioner Versus 1. The State Of Bihar 2. Medical Officer Incharge, Primary Health Centre, Madhepur, District Madhubani. 3. Civil Surgeon-cum-Chief Medical Officer, Madhubani. 4. The Director-in-Chief, Health Services, Bihar, Patna. 5. The Secretary, Health Department, Bihar, Patna………………………………………………………………….………Respondents ---------------------------------- 2 10.08.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. The case of the petitioner is that during the period the order dated 08.05.2003 passed in the writ petition numbered as CWJC No. 4420 of 2003 was in operation and till a general order of stay was passed by the Division Bench of this Court, petitioner had actually performed his duties from 20.05.2003 to 04.2.2004. Hence, petitioner has filed this writ application for a direction to the respondents for payment of salary of the said period. The writ application was filed on 01.10.2008 with service of two copies of the same in the office of the learned Advocate General. However, till today no counter 2 affidavit has been filed. It is submitted that for claim of his salary of the period, petitioner has already filed a representation before the Civil surgeon. However, a copy of the same has not been annexed with the writ application. In the circumstances, petitioner is directed to file a fresh representation before the Civil Surgeon – cum - Chief Medical Officer, Madhubani claiming salary of the said period between 20.05.2003 to 04.02.2004. If such a representation is filed within four weeks from today, Civil Surgeon shall get an enquiry held with regard to actual working of the petitioner during the said period and if he is satisfied from the records that petitioner had performed his duties during that period, he shall pass appropriate orders for release of due salary of the petitioner in accordance with law within two months from the date of filing of the representation. The writ application is disposed of with the aforesaid observations and directions. BT (J. N. Singh, J.)