IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9883 of 2000 KRISHNADEO JHA Versus THE STATE OF BIHAR & ORS ----------- 03- 26.9.2008 Heard Mr.Surendra Mishra for the petitioner, and Mr. Alok Kumar, JC to learned Govt.Advocate No.I. The petitioner seeks a direction to the respondent authorities to make payment of his salary for the period 12.1.99 to 7.5.99. The respondents have placed on record their counter affidavit. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the employees of the Bihar Government were on strike for the period 12.1.99 to 7.5.99. The petitioner has not been paid his salary on the ground that he had participated in the strike, abstained from duties, and has for that reason been deprived of his salary. The petitioner claims to have submitted his application dated 12.1.99 (Annexure 1) to the Incharge Medical Officer, Primary Health Centre, Ariari, stating therein that he is not going to participate in the strike. It is stated in the counter affidavit that the petitioner was really posted at Additional Primary Health Centre, Ekhara, but he was putting his attendance at Primary Health Centre, Ariari, for which the petitioner had not been given any order. It is evident that the petitioner was not posted at Ariari notwithstanding which he claims to have filed the application at Ariari. Secondly, the concerned authorities had made enquiries as to the persons who were not on strike during the period. The Establishment Deputy Collector, Sheikhpura, by his communication - 2 - dated 16.11.99 (Annexure B), submitted to the Civil Surgeon, Sheikhpura, submitted the list of names who were not on strike. The petitioner’s name did not figure in that list. 3. It thus appears to us that the petitioner has not only tried to play tricks with the authorities but also with this Court. It is a frivolous writ petition and is accordingly dismissed with costs quantified at Rs.5000/- (five thousand), which shall be deducted from his salary or pension, as the case may be, at the earliest possible opportunity. 4. Let a copy of this order be handed over to Mr. Prabhakar Tekriwal, learned Govt. Advocate No.I. ( S K Katriar ) mrl.