IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6213 of 2009 Braj Nandan Paswan Versus The State Of Bihar & Ors ----------- 2. 28.07.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. Notwithstanding that the writ petition was filed on 15.5.2009 the respondents have not considered it necessary to file a counter affidavit. The Court is not persuaded to adjourn the matter any further for the purpose. The petitioner is stated to have retired on 31.7.2008 from the office of Assistant Director, Industries (Horticulture) Bhagalpur. He is aggrieved by the non payment of his salary for the periods 1.3.2003 to 15.1.2004, 1.4.2004 to 30.11.2004, 1.1.2005 to 7.4.2005 and lastly from 15.5.2005 to 9.8.2008. While the responsibility for the dates prior to 14.5.2005 exists with the State of Bihar, the period between 14.5.2005 to 9.8.2006 relates to when he was relieved for joining the State of Jharkhand and subsequently repatriated to the State of Bihar. Learned counsel for the petitioner submits that for the last period the salary could not be paid because the authorities in the State of Bihar did not forward his Last Pay Certificate to the authorities at Jharkhand notwithstanding the request from the appropriate authority at Dumka for the same on 9.8.2006. Let the respondent State of Bihar consider the claims for salary of the petitioner for the periods mentioned above excluding the period 14.5.2005 to 9.8.2006 and pay the legitimate dues of the petitioner in accordance with law. If the respondents propose to deny the salary or any part of the salary they shall be required to pass a reasoned and speaking order disclosing full application of mind to the grounds and materials on basis of which salary was sought to be denied to facilitate judicial review of the same if the petitioner is so aggrieved and advised. In so far as the arrear salary for the period 14.5.2005 to 9.8.2006 is concerned, the Court directs that Respondent no. 2, the Director, Handlooms and Horticulture, Bihar,. Patna shall himself ensure that all necessary information is made available to the authorities at Jharkhand as may be specified by the petitioner so that the same is furnished by Respondent no. 2 within a maximum period of four weeks from the date of receipt and/or production of a copy of this order before him. The Court expects that the authorities at Jharkhand shall then proceed to pay legitimate dues forth with without unnecessary delay. The direction to the State of Bihar for payment of arrear salary have to be complied with within a maximum period of three months from the date of receipt and/or production of a copy of this order. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)