IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7811 of 2003 DR.AMIN LALL, son of late Jhari Lall, resident of Baksariya Tola Ghagha Ghat, Patna-6, at present posted at Primary Health Centre Katare Hat, Block Baisi, District Purnea … Petitioner Versus 1. THE STATE OF BIHAR through Commissioner, Health Department, Bihar, Patna 2. Regional Deputy Director, Health Department, Bihar, Patna 3. Civil Surgeon cum Chief Medical Officer, Purnea 4. Superintendent, Sadar Hospital, Purnea 5. Civil Surgeon cum Chief Medical Officer, Kishanganj 6. Additional Chief Medical Officer, Kishanganj … Respondents ----------- 4. 29.7.2010 Heard Mrs. Binita Singh, learned counsel for the petitioner and the counsel for the State. The prayer of the petitioner in this writ application reads as follows: “This is a writ petition for the issuance of writ of mandamus directing the Health Department of the State Government and its officials to pay the salary to the petitioner for the period from 19.10.2000 to 28.2.2001 while he was posted as Dentist at Sadar Hospital, Purnea and from 1.3.2001 to 22.1.2002 while he worked at Kishanganj as Medical Officer under Additional Chief Medical Officer, Kishanganj for conducting family planning Laproscopic surgery as the petitioner was sent on deputation 2 for the above mentioned purpose vide office order no.21 dated 26.2.2001.” Mrs. Singh, learned counsel for the petitioner, with reference to the aforementioned relief would submit that the respondents had admitted the first part of the claim of the petitioner for payment of salary for the period 19.10.2000 to 28.2.2001 but as with regard to second spell of 1.3.2001 to 22.1.2002 there is a dispute of working of the petitioner. She would submit that as a matter of fact for the said period also payment of salary of the petitioner has been made but only for the period of two months, whereas if the attendance register of the petitioner is verified it would be found that the petitioner was throughout present and has done his duty between 1.3.2001 to 22.1.2002. In this case, as noted above, in the counter affidavit in paragraphs 7 and 8 the respondents had clarified their stand which is quoted hereinbelow: “7. That the petitioner has submitted his L.P.C. in the month of February, 2002 and pay slip was 3 submitted by the petitioner on 28.3.2003. Due to late submission of L.P.C. and pay slip the salary for the duty period of the petitioner has not been paid on due time since the financial year i.e. the month of March, 2003 was going to be closed and extra granted of allotment was not in hand. Therefore, non-payment of salary of the arbitrary. 8. That the petitioner is not entitled to get salary of rest period from 28.4.2001 to 22.1.2002 since he was not on his duty vide A.C.M.O. cum A.C.M.O. Kishanganj. In these letters it has been already mentioned that Dr. Lal was not present of his duty as per Govt. policy is that no work on pay.” A dispute of the present nature where the respondents would claim that the petitioner was not present in certain stretch of period on duty and the petitioner’s claim that the attendance register would go to show that the petitioner was throughout present cannot be resolved by this Court without looking into the evidence. Appreciation of such evidence, however, cannot be made initially by this 4 Court and therefore, this writ application is disposed of with the following directions: (a) Whatever claim of salary has been admitted by the respondents in paragraphs 7 and 8 of the counter affidavit, the same must be paid to the petitioner, if not already paid by-now, within a period of three months from the date of receipt/ production of a copy of this order. (b) For the remaining period for which the petitioner would not be paid salary he will have a liberty to file a representation alongwith proof of his working and upon receipt of such representation the Principal Secretary of the Health Department will decide the matter with regard to claim of payment of salary and the petitioner would be paid his salary for the period he had admittedly worked as can be established with the support of the official records in absence whereof the same will be rejected by a reasoned order. This exercise, however, must be completed within a period of six months from the date of 5 Surendra/ receipt/ production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) 6 7