IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6548 of 2008 RAM SAGAR SHARMA, Son of Late Bindeshwar Singh, resident of Sri Ram Path, West Patel Nagar, P.S.-Shastrinagar, District-Patna. ...........Petitioner. Versus 1. The State of Bihar, through the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 2. Director-in-Chief, Health Services, Government of Bihar, Patna. 3. State Demographer, State Family Welfare Bureau, Department of Health, Government of Bihar, Patna. ..........Respondents. ----------- 3/ 04.05.2010 Heard counsel for the petitioner and the counsel appearing for the State. Writ application is being disposed of with I.A. No. 3340 of 2010. This writ application was filed by the petitioner for a direction to the respondent authorities to make payment of arrears of salary, which has been stopped since January, 2008 and also month to month current salary. Petitioner’s case is that he was posted as Statistics Assistant in the Demographer Cell of the State Family Welfare Bureau, vide order contained in Memo No. 170 dated 8.8.2007 issued by the Director-in-Chief, Health Services. He was deputed in the office of Director-in-Chief, Health Services, Bihar Patna, in the month of August, 2007. An order dated 8.8.2007 contained in Letter No. 170 was issued under the signature of State Demographer, whereby the petitioner was relieved to give joining in the office of the 2 Director-in-Chief, Health Services, Patna. Petitioner joined there and continued to work. He was also paid his salary till December, 2007 but suddenly, since, January, 2008, payment was stopped. Interlocutory application has been filed by the petitioner, as during the pendency of the writ application an order has been issued by the Director-in-Chief, Health Services, Bihar, Patna, approval has been given for payment of salary for the period 21.08.2008 to 19.02.2008. But, so far, salary for the period January, 2008 to August, 2008 is concerned, no direction of payment has been issued, though there is no reason for not making payment for the period January, 2008 to August 2008, when approval for payment has been given for subsequent period. An order passed for making payment of salary, for subsequent period shows that the petitioner has continuously worked. There can not be any reason for not making payment of salary for January, 2008 to August, 2008. During the pendency of the writ application, a letter has been issued by the Joint Secretary Health Services, Government of Bihar, indicating that services of the petitioner has been repatriated to the parent department. He is no more on deputation in the Health Department. Considering these developments, the writ application is being disposed of with a direction to make payment of salary for the residual months i.e. January, 2008 3 to August, 2008, preferably within four weeks, from the date of production/communication of the order. Sanjeet/ (Mridula Mishra, J.)