IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11619 of 2002 1. SMT.PARVATI DEVI, Daughter of Late Kalicharan Singh, Lady Health Worker (L.H.V.) (Matri Shishu Kalyan Department) Sub-Divisional Hospital, Jehanabad. 2. Kunti Devi, Daughter of Late Nageshwar Singh, Auxillary Health Workder (Matri Shishu Kalyan Department) Sub-Divisional Hospital, Jehanabad. 3. Baso Devi, Wife of Ram Swarup Ram, Sweeper (Matri Shishu Kalyan Department) Sub-Divisional Hospital, Jehanabad. 4. Etwariya Devi, Wife of Late Palak Manjhi, Sweeper (Matri Shishu Kalyan Department), Sub-Divisional Hospital, Jehanabad. Versus 1. THE STATE OF BIHAR, through the Secretary, Department of Health, Health Education and Family Welfare, Government of Bihar, Patna. 2. The Director in Chief, Health Services, Government of Bihar, Patna. 3. The Civil Surgeon cum Chief Medical Officer, Jehanabad. 4. The Additional Chief Medical Officer, Jehanabad. ----------- 3 25/6/2010 No one appears for the petitioners. Counsel for the State is present. In this case prayer of the petitioner reads as follows:- “That this is an application for issuance of appropriate writ/writs, order/orders, direction/directions commanding the respondent authorities to make payment of salary of the petitioners for the period December, 1999 to February, 2000, December 2000 to February 2001 and December, 2001 to February 2002 which have not been paid, the petitioner further kpray for any other relief/reliefs for which they may be found entitled to under the law and in the facts and circumstances of this case.” As with regard to the aforementioned prayer respondent no.4, the Medical Officer Sadar Hospital Jehanabad had taken the following stand:- “(i)That is submitted that the grievance of the petitioners is correct. The salaries of these petitioners have not been made for the period as mentioned in the writ petition. (ii)That it is stated that the payment of salaries has not been made due to paucity of fund. The answering respondent has written to the Secretary- Cum-Commissioner, Department of Health, Bihar, Patna for allotment of fund for the purpose Vide letter 2 no.,20 dated 9.2.2002 ( as contained in Annexure-1 of the writ petition) and again a reminder vide letter no.371 dated 27.11.2002 but till date no allotment has been made available. (iii)That the deponent submits that as soon as the fund is made available the payment of arrears of salaries of the petitioners be made without any delay.” As the claim of the petitioners stand admitted in the counter affidavit filed by the respondent no.4, this Court could have directed the concerned authority to release the fund, if not already released, for its being paid to the petitioners but then as the controlling authority of the petitioner is the Civil Surgeon the matter has to be looked into and decided by him. Let it be also made clear that this Court has not gone into merits of the case and it has proceeded on the basis of admission made by the Medical Officer in the counter affidavit. Therefore, if respondent no.3 the Civil Surgeon will find that the deponent Medical Officer has filed false affidavit before this Court to support the case of the petitioners, he will be also at liberty to pass a reasoned order rejecting the claim of the petitioners as also initiating disciplinary action against the said officer, the deponent of the counter affidavit. With the aforementioned observation and direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)