IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7189 of 2002 1. DR.ANIL KUMAR s/o late Dr. Kishore Chandra Das, resident of15- Sidhi Colony,Tundala, District- Firozabad (Uttar Pradesh) at present posted as Additional Chief Medical Officer, Kaimur at Bhabhua. 2. Dr. R.P. Swetanki s/o Shri Nanhu Ram, resident of village- Mohammadabad (Panapur), P.S.- Sarai, District- Vaishali at present posted as Additional Chief Medical Officer, Supaul, P.S. Supaul, District- Supaul. 3. Dr. Bindeshwar Priyadarshi s/o late Jagaram, resident of village + P.O. + P.S.- Bochahan, District- Muzaffarpur, at present posted as Additional Chief Medical Officer,Buxar, District- Buxar. 4. Basudeo Prasad Mandal s/o late Baiju Prasad Mandal, Additional Chief Medical Officer, lakhisarai, District- Lakhisarai. 5. Shankar Prasad Mandal s/o Bhola Prasad Mandal, resident of village- Choti Chatayia, P.O. Ekchari Diara, P.S. Pirpainti, District- Bhagalpur. .....Petitioners. Versus 1. THE STATE OF BIHAR. 2. The Secretary-cum- Health Commissioner, Government of Bihar, Patna. 3. The Secretary, Health, Medical, Education & Family Welfare,Government of Bihar,Patna. ….. Respondents. ----------- 5 18.4.2011 The petitioners are the members of Bihar Health Service in the permanent cadre. Their grievance is that consequent to their posting they are not getting their salary regularly. For several months their salary is not being paid. A counter affidavit has been filed where it is not denied that the petitioners are the members of Bihar Health Service in the permanent cadre and as such are entitled to remuneration accordingly as per their seniority and designation. The lame excuse given is that the petitioners have been posted in certain schemes, which are sponsored by the Central Government and as there is delay in receiving the money from 2 the Central Government, the petitioners cannot be paid till money is received as such. I think it is my duty to remind the State that the petitioners are not the employees of the Central Government rather they are permanent employees of the Sate Government and it is the responsibility of the State Government to ensure payment of their wages and remunerations month to month punctually and the same cannot be delayed on any pretext whatsoever .To post in a centrally sponsored scheme is the prerogative of the State Government but that does not abdicate the Government of its responsibility in ensuring timely payment of remuneration. The State Government has to take all steps to make payment of wages and remuneration on month to month basis from whatever account it is possible and then record those accounts of payment received from other sources. In a welfare State that we profess such casual approach of the State cannot be accepted. I, therefore, direct that not only in case of petitioners any other doctor, who is a member of the cadre of Bihar Health Services cannot be deprived of his monthly remuneration to be paid on month to month basis on any pretext except as a consequence of order passed in any disciplinary proceeding or by Court of competent jurisdiction. It shall be the responsibility of the Principal Secretary, Health, Government of Bihar, Patna, to ensure strict compliance of the order of this Court in its true letter and spirit. The writ petition is thus disposed of. 3 Let a copy of this order be sent to the Principal Secretary, Health, Government of Bihar, Patna, for necessary compliance, so that in future such grievances are not raised nor this Court has to waste time on such matters. Singh ( Navaniti Prasad Singh, J.)