IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1293 of 2008 VIDYA DEVI, W/O LATE KALANAND JHA, R/O VILLAGE-PALI, P.S.-GHANSHYAMPUR, DISTRICT- DARBHANGA, AT PRESENT POSTED AS MAHILA KAKSHA SEVIKA, PRIMARY HEALTH CENTRE, BIRAUL, DARBHANGA. …………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA. 3. THE DIVISIONAL COMMISSIONER, DARBHANGA DIVISION, DARBHANGA. 4. THE DISTRICT MAGISTRATE, DARBHANGA. 5. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, DARBHANGA. 6. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, BIRAUL, DARBHANGA. 7. THE TREASURY OFFICER, DARBHANGA. …………………RESPONDENTS. ----------- 2 09.09.2010 From Annexure-2, it appears that on the basis of some enquiry by the Accounts Officer, and under the orders of the Collector, the Civil Surgeon passed orders stopping the payment of salary of the petitioner and other class-IV employees and directed the concerned Incharge Medical Officer to stop taking work from them. From the order it does not appear that this was a final order dispensing with their services. Learned counsel for the petitioner submits that since the services of the petitioner had not been dispensed with she is entitled for her salary. He has relied upon 2 an order passed by this Court on 15.01.2008 in CWJC No.14820 of 2006 by which the writ application of one of the incumbents, refund salary by Annexure-2, was allowed and the respondents were directed to release her due salary. Learned counsel for the petitioner submits that since the impugned order is common the same should be passed in the case of the petitioner also. Counter affidavit has been filed in this case. It is stated in the counter affidavit that by Annexure-2 orders were issued to dispense with the services of the petitioner. To this Court that does not appears to be correct reading of Annexure-2. From the tenure of Annexure-2 it appears that some directions from the Secretary, Health and Family Planning Welfare, Government of Bihar, Patna were being expected. However, in the writ petition itself the petitioner has accepted that some enquiry is pending in respect of the petitioner and others. Therefore, this Court finds itself unable to pass orders for release of the 3 salary of the petitioner forthwith. However, the respondents are directed that if the enquiry is still pending the same must be concluded within three months from the date of receipt/production of a copy of this order. It is made clear that if the enquiry does not conclude within three months and no specific orders are passed upon conclusion of the enquiry, the petitioner shall be entitled to her full salary from the date the same is due to her. The writ application is disposed of with the aforesaid observations and directions. Arvind/ ( J. N. Singh, J.)