IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5082 of 2003 DR.NAWAL KISHORE SAHU son of Jagdish Narayan Sahu, resident of Mohalla-Madarpur, P.S. Laheriasarai, District Darbhanga, presently posted as Medical Officer/ Addl. Primary Health Centre, turkaha Gopalganj, Bihar. Versus 1.THE STATE OF BIHAR 2.The Secretary/ Commissioner, Health Services Govt. of Bihar, Patna. 3.The Director in Chief, Health Services, Govt. of Bihar, Patna. 4.The Civil Surgeon cum Chief Medical Officer, Gopalganj. 5.The Incharge Medical Officer, Primary Health Centre Uchkagao, Gopalganj. 6.Additional Secretary, Personal Claim Cell Pant Bhawan, Baily Road, Patna. ----------- 3 29.7.2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application as with regard to payment of his salary which has been set out in paragraph no.1 reads as follows:- “That by this writ petition the petitioner seeks indulgence of this Hon’ble Court for commanding the Respondents to pay salary of the petitioner from May, 2002 to till date also to pay the dues salary amount as per the L.P.C. dated 18.9.02 issued by the In-charge, Medical Officer, Primary Health Centre, Nanpur, Sitamarhi.” and the same is sought to be supplemented also by seeking amendment in I.A. No.3679 of 2005, wherein the petitioner has highlighted that the following amount was not paid to him:- i)Arrears of D.A. from Jan.01 to April, 01 and from July, 2001 to July, 2002. ii)Salary from 11.5.2000 to 21.7.2000 iii)Salary for one day i.e, 1.3.2000 iv)Salary for July and August, 1996. v)Salary from May, 2002 to February, 2003. 2 A counter affidavit has been filed by the Respondents wherein they have disputed the actual working of the petitioner in the concerned period by giving details that the District Magistrate, Gopalganj in course of his enquiry had found the petitioner to be absent from duty. Counsel for the petitioner, however, submits that absence of the petitioner was only for a very short period of seven days. Counsel for the petitioner also submits that certain admitted amount which has already been included in the Last Pay Certificate issued to the petitioner has not been paid to him as yet. In the opinion of this Court all these questions, therefore, will require application of mind by the competent authority to find out whether the petitioner had worked for the period in question for which he is claiming payment of salary and therefore this Court would direct the petitioner to file a representation along with evidence of his working before the Principal Secretary of the Health Department, Government of Bihar, who after examining such representation as also getting his own reports from the concerned authority would take his final decision as with regard to actual entitlement of the petitioner for the claim of payment of salary made in this application. Such an exercise must be completed by the Principal Secretary of the Health Department within a period of three months from the date of filing of the representation by the petitioner along with a copy of this order and the consequential admissible payment, if any, be 3 also made to the petitioner in next three months. Let it be however made clear that this Court has not expressed any opinion on the merits of claim of the petitioner and therefore the Principal Secretary of the Health Department must decide the matter strictly in accordance with law. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)