IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7275 of 2003 BRAHAM PRAKASH, son of Sri Om Prakash Vaishanav, resident of village & P.O. Kujapi, P.S. Chandauti, District Gaya … Petitioner Versus 1. THE STATE OF BIHAR, through the Health Secretary, Govt. of Bihar, New Secretariat, Patna 2. The Finance Secretary, Govt. of Bihar, Old Secretariat, Patna 3. The Civil Surgeon, Gaya, District Gaya 4. The Incharge, Primary Health Centre, Tikari, District Gaya … Respondents ----------- 4. 29.7.2010 Heard Mr. Vivek Prasad, learned counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “(I) Issue of an order, direction or writ in the nature of mandamus commanding the respondent to pay salary to the petitioner for the period he has not been paid (i.e. from May, 2002 till July, 2003). (II) Issue of an order, direction or writ commanding the respondents to pay interest at the rate of 18% on the salary due to the petitioner.” With regard to the aforementioned prayer Mr. Prasad would submit that the claim of the petitioner for payment of salary in fact is also admitted and it is 2 only on account of want of fund/allotment that the salary of the petitioner was not paid. Counsel for the State has got no instruction nor has he filed any counter affidavit. In that view of the matter, the Civil Surgeon, Gaya (respondent no.3) is directed to now re-examine the grievance of the petitioner with regard to limited prayer of payment of salary for the period in question and take his decision within a period of three months from the date of filing of the representation by the petitioner alongwith a copy of this order. It goes without saying that if the Civil Surgeon finds that the claim of the petitioner could be justified he would also make necessary payment in next one month of his such order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/ 3