IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9511 of 2003 JAGDISH RAVIDAS, son of late Bhagwat RAvidas, resident of village- and P S. Belhar, District- Banka…. Petitioner. Versus 1. THE STATE OF BIHAR through Health Commissioner, Bihar, Patna. 2. Director-in-Chief, Health Bihar, Patna. 3. Civil Surgeon, Munger. 4. Incharge Medical Officer, Tarapur, Munger. … Respondents. ------------- 4. 29.7.2010 No one appears for the petitioner. Counsel for the petitioner is present. The prayer of the petitioner in this writ petition reads as follows:- “1. That this is an application for issuance of writ/writs, direction/directions for commanding the respondents to pay the salary to the petitioner from 20.6.2000 to 20.6.2002 in which the petitioner had been transferred TArapur to Munger to the post of Basic Health Worker (Maleria) Sadar Block, Munger vide Memo No. 1306 dated 10.6.2000 passed by Civil Surgeon, MUnger.” With regard to the aforementioned prayer, learned counsel for the Sate would draw attention of this Court towards the order dated 11.3.2004 passed by the Civil Surgeon-cum-Chief Medical Officer, Munger showing the petitioner to be absent from duty in the period in question i.e. 20.6.2000 to 20.6.2002 and as 2 such not entitled for payment of salary on the principle of no work no pay. In view of the aforementioned aspect, the payment of salary cannot be directed to be paid unless the aforementioned order of Civil Surgeon is assailed and found/ declared to be bad. That being so, this writ petition has become infructuous and is dismissed accordingly. Let it be, however, made clear that the dismissal of this writ petition would not stand in the way of the petitioner to assail the correctness of the order of Civil Surgeon dated 11.3.2004. kanchan/ (Mihir Kumar Jha, J.)