IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12402 of 2006 Pervez Alam, Son of late Moiz Alam, Resident of Mohalla Abgila, P.O. Bunyadganj, P.S. Muffasil, District Gaya. ----------- Petitioner Versus 1. The State of Bihar, represented through its Secretary, Government of Bihar, Sitting at Secretary Building, Bailey Road, Patna-1(Bihar). 2. Deputy Secretary, Govt. of Bihar, Finance Department, Patna. 3. The Health Commissioner, Bihar, Patna. 4. The Director, Health Department, Bihar, Patna. 5. Civil Surgeon-cum-Chief Medical Officer, Gaya. 6. The In-charge Medical Officer, Primary Health Centre, (Town) Block, Gaya. ----------- Respondents/Opposite Parties ----------- 2 20.08.2010 Heard learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- “1(i) Direction “for the payment of salary for the month of January” 2001 and February 2001. (ii) Direction for the payment of salary of the strike period of 116 days (i.e. from 12th January 1999 to 7th May 1999) in the pursuance of the letter dated 20.2.2006 issued from the office of deputy Secretary Government of Bihar vide Annexure no.2. (iii) Direction for the payment of dues/arrear amount of 1st A.C.P. (iv) For the direction to pay the differences of revised pay-scale arrears. (v) For the direction to prepare the statement of the details of 2 deducted amount of the provident fund and maintaining the entries in the service-book the month/year from June 1989 to November 1989, October 1995 to October 2001 and further direction for verification of service-book and consequently submission of its reports.” Counsel for the petitioner, in respect of the aforementioned prayer, would submit that the petitioner has filed series of representations claiming the aforesaid amount but the same has not been paid to him as yet. Counsel also relies on the order passed by this Court on 27.6.2006 in CWJC No. 4580 of 2005. In the opinion of this Court, the claim of the petitioner could have been decided had the petitioner given complete materials and/or the State could have filed its counter affidavit. For example, the petitioner claims dues/arrear amount of his first A.C.P. but when this Court has asked the counsel for the petitioner to produce the order granting first A.C.P., he does not have any clue about the same. At the same time, no discernable reasons seems to be there for non-payment of salary of the petitioner for 3 the period January, 2001 and February, 2001 but then had the State filed its counter affidavit, the things could have become clear. In such a situation, this Court can only give liberty to the petitioner to file a compact representation to the Director-in- chief of the Government of Bihar, who after receipt of such representation, would be under obligation to pass a reasoned order and also direct for payment of such amount which is found payable under his order. However, such an exercise must be completed within a period of six months from the date of filing of the representation by the petitioner. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)