IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17114 of 2010 1. Ramawtar Yadav S/O Parmeshwar Prasad Yadav R/O Vill./Mohalla- Machchidih, P.S.- Tarapur, Distt.- Munger Versus 1. The State Of Bihar Through The Secretary Public Health Engineering Departments, Govt. Of Bihar, Patna 2. The Engineer In Chief Cum Special Secretary Public Health Engineering Department, Bihar At Patna 3. The Regional Engineer, P.H.E.D., Muzaffarpur 4. The Regional Chief Engineer, P.H.E.D., Bhagalpur 5. The Superintending Engineer, P.H.E.D., Chapra Circle, Chapra 6. The Superintending Engineer P.H.E.D., Bhagalpur Circle, Bhagalpur 7. The Executive Engineer, Public Health Division, Siwan 8. The Executive Engineer, Public Health Division, Banka ---------------------------------- 2. 13.09.2011 Heard learned Counsel for the petitioner and the State. The claim in this application is for arrears of salary alleged to be due since 28.6.2005. Having considered the submissions and the pleadings in the writ application the Court is satisfied that the petitioner has made out a clear case for direction to consider his claims for salary from 27.6.2008 onwards if he has discharged duties at Siwan. In so far as the period prior to that is concerned, the Court from the pleadings in the writ application, when no counter affidavit has been filed, is of the opinion that it is a question of fact to be determined in an enquiry if the petitioner was discharging duties at one place or other prior to that date as only in that event can a question for the claim for salary arise as distinct from the issue whether he was working with concurrence of the superior authorities or not which is an entirely a different disciplinary issue. Let the petitioner represent on the latter issue with regard to any claims for salary prior to 27.6.2008 when it is expected to be considered in accordance with the discussions contained hereinabove. Needless to state that if the respondents find justification in the claim/claims necessary consequential orders with regard to the legitimate dues shall be passed by the respondents within a maximum period of three months from the date of presentation of such a representation. The writ application stands disposed. Snkumar/- (Navin Sinha,J.)