IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16523 of 2009 1. KAMLA KUMARI D/O GANOURI MAHTO, W/O LATE SHANKAR PRASAD R/O MOH-BAJARANJG BAGH, HILSA, P.S- HILSA, DISTT- NALANDA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY- CUM- COMMISSIONER, DEPARTMENT OF HEALTH, BIHAR, PATNA. 2. DEPUTY DIRECTOR, HEALTH SERVICES (TRAINING), BIHAR, PATNA. 3. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER NALANDA. 4. IN CHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, PATNA. ………………RESPONDENTS. ----------- 3 23.03.2010 Petitioner is aggrieved by stoppage of payment of her salary. Pursuant to some order dated 12.09.2008 the salary was stopped in contemplation of some enquiry. The statement has been made in paragraph 9 that the enquiry in respect of genuineness of her appointment was completed and her appointment was found genuine. The said report of the enquiry was submitted as far back as on 17.03.2009. Still no orders were issued in respect of her payment of salary. Hence, petitioner moved this Court. The writ application was filed on 30.11.2009, but till today no counter affidavit has been filed in the case. Learned counsel Mr. Abhinay Raj appearing for the petitioner refers to an order 2 passed by a Bench of this Court, annexed as Annexure-5, in which under similar circumstances the Court had directed for release of salary of the persons concerned. In that case pending enquiry directions were issued for release of salary of the petitioners as it was not disputed that they were still discharging their duties. The case of this petitioner is on better footing as it has been pleaded on affidavit that on the basis of the enquiry report, in order dated 17.03.2009, the appointment of the petitioner has been found genuine and confirmed. In the circumstances, the writ application is disposed of with a direction to the respondents to release the salary of the petitioner, arrears as well as current forthwith and in any case not later than three months from the date of receipt/production of a copy of this order. Arvind/ (J. N. Singh, J.)