IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10988 of 2009 ROSALIA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 2 15.10.2009 Heard Counsel for the petitioner and the Counsel appearing for the State. This application has been filed by the petitioner for a direction to the authority concerned for payment of dues salary from 9.8.2008 to till date, which has been stopped for some unknown reasons. It transpires that the petitioner was transferred from Primary Health Centre, Bagaha-1 to Primary Health Centre, Manatar by order dated 28.6.2008. Challenging this order, petitioner filed CWJC No. 17647 of 2008 in which on 9.1.2009 an order of stay was passed. After filing of the writ application and before the stay order could have been passed the respondent Assistant Chief Medical Officer, Bagaha also stayed the transfer order by order dated 17.12.2008. On account of these two orders, petitioner gave her joining on 7.1.2009 and requested the Assistant chief Medical Officer for payment of arrears of salary. Petitioner’s case is that after giving joining on 7.1.2009 she is continuously discharging her duties at Primary Health Centre, Bagaha but payment of salary has been stopped. In the counter affidavit filed on behalf of Respondent nos. 3 and 5 the joining of petitioner on account of stay order on 7.1.2009 has been accepted but it is stated that subsequent to joining, the petitioner absconded from her place of posting and is not discharging - 2 - her duty. This is the question which is to be decided by the Civil Surgeon cum-Chief Medical Officer. Petitioner’s case is that she is continuously discharging her duty. Since the petitioner has not been put under suspension no departmental proceeding has been initiated and her joining on 7.1.2009 is accepted. In the counter affidavit there is no apparent reason for not making payment of her salary. The respondents are directed to make payment of entire arrears of salary and continue to make current salary to the petitioner. It must be paid within a period of four weeks from the date of presentation/communication of a copy of this order. The writ application stands allowed. (Mridula Mishra,J.) A.Kumar