IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11868 of 2006 Kailash Prasad, Son of late Deonandan Sharma, Resident of Village Chihut, P.S. Parsa Bazar, P.O. Suiya Via Punpun, District Patna. -------- Petitioner Versus 1. The State of Bihar. 2. Secretary, Health Department, Patna Secretariat, Patna. 3. Deputy Commissioner, Giridih. 4. Civil Surgeon, Giridih. 5. Addl. Chief Medical Officer, Giridih. 6. District Treasury Officer, Patna. ------ Respondents ----------- 2 20.08.2010 No one appears on behalf of the petitioner. Counsel for the State of Bihar and State of Jharkhand are present. The prayer of the petitioner in this writ application as with regard to the payment of arrear of salary of the month of March 1999 and from August 1999 to January 2000 with dearness allowance ordinarily could have been decided by this Court had the respondent State of Bihar and its officials filed its counter affidavit. From the letter of the Additional Chief Medical Officer, Giridih dated 8.2.2002 addressed to the District Treasury Officer, Patna, it would appear that the claim is almost admitted, inasmuch as, the only reason for non-payment thereof has been lack of allotment. 2 Thus, if the aforesaid salary to the petitioner has not been paid as yet, the competent authority of the Health Department will look into the same and decide such claim of the petitioner within a period of three months from the date of receipt/production of a copy of this order. In the event, the petitioner is found entitled for payment of salary for the aforesaid period and if the same has not been paid to the petitioner as yet, the same must be paid to the petitioner within a period of one month from the date of taking such decision by the competent authority of the Health Department. If for some reasons, the respondent would hold the petitioner not entitled for payment of salary as claimed in this writ application or part thereof, the reasons will have to be indicated in the order to be communicated to the petitioner within the aforesaid period. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)