IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8783 of 2006 NAWAL KISHORE PRASAD Versus THE STATE OF BIHAR & ORS ----------- 03. 21.08.2008 Petitioner was appointed as a night guard under the respondent BISCOMAUN. He has not been paid his salary since September, 1996 which is one reason why he has approached this Court. The other compelling circumstance is that now he has been diagnosed with cancer for which he is taking medical treatment and advice evidence of which is available on record as annexure-1 series. Contention of the learned counsel for the petitioner is that he being a poor paid employee and in absence of salary not being paid to him it is becoming very difficult for him to take care of himself and the family. Respondents in the counter affidavit do not deny the claim of the petitioner but they plead inadequacy of fund as a ground for not making payment. But then keeping in mind the decision rendered by the Hon`ble Supreme Court in the case of Devendra Kumar Singh, an employee of BISCOMAUN, paucity of fund can never be a defence for not meeting the obligations of the employee concerned. Keeping in mind the humanitarian aspect of the - 2 - matter respondents are directed to take steps for making payment of salary of the petitioner within a period of six months from the date of communication/production of a copy of this order. The writ application stands disposed of with the above direction. rkp (Ajay Kumar Tripathi, J)