IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7093 OF 2007 FAMIDA KHATOON,W/O MOHD. SARFUDDIN, R/O VILLAGE MASOODBIGHA, P.S BARH, DISTRICT PATNA. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY. 2.THE SECRETARY, HEALTH & FAMILY WELFARE, BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, BIHAR, PATNA. 4.THE CIVIL SURGEON, PATNA. 5.THE DEPUTY SUPERINTENDENT, SUB- DIVISIONAL HOSPITAL, BARH, DISTRICT PATNA. ………………………RESPONDENTS. ----------- 09/ 28.09.2011 Having regard to the fact that the petitioner has raised a stale claim as with regard to the payment of salary from 06.04.1988 by filing this writ petition on 30.05.2007, this court is not inclined to go into the question as to whether the petitioner was paid full salary for the period she was allowed to continue on daily wages. The respondents in their counter affidavit have clarified that the engagement of the petitioner and others on daily wages made on 06.04.1988 and her services along with other daily wagers were terminated vide memo no. 912 dated 27.12.1991. These facts specifically asserted in the counter affidavit have not been denied by the petitioner but it has been sought to be 2 projected by Mr. O.P Agarwal, learned counsel for the petitioner, that the petitioner is still working as and when her services are required. It will be however very difficult for this court to accept such submission in absence of any order subsequent to her earlier engagement made on the basis of an office order dated 06.04.1988 and her order of termination dated 27.12.1991. Consequently, it becomes clear that the petitioner has actually made an attempt to raise a wholly stale issue relating to payment of salary for the period from 1988 to 1991 by filing the writ application on 30.05.2007. The rest of the prayer of the petitioner for regularization of her services has to be only noted for its being rejected, inasmuch as, the petitioner stands removed from service from December-1991. The petitioner having remained out of service even by way of daily wage engagement, from 1992 onwards, she cannot claim regularization only on the ground that she was allowed to work for some period on daily wages in between 1988 to 1991. At this stage Mr. Agrawal would submit 3 that the respondents have not paid full wages of the petitioner for the period of her daily wage engagement between the years 1988 to 1991. The respondents however in their counter affidavit have explained that such payment had already been made to the petitioner but if the petitioner can still demonstrate before the Authorities that payment of her wages for a any period in between 1988 to 1991 on agreed rate of @ Rs. 10 per day was not made to her, she may approach the Deputy Superintendent of Sub- divisional Hospital, Barh for the payment of rest of her amount of admitted wages. In the event the petitioner would approach the Deputy Superintendent of Sub- divisional Hospital, Barh for payment of arrears of her daily wages, he shall re- examine the matter and if it is found that the petitioner is entitled for payment any further amount of her emoluments on daily wages, the same shall also be paid to her. It is made clear that in the event of filing of representation by the petitioner, a final decision and payment of admitted wages if any shall be taken and made by the Deputy Superintendent of Sub-divisional Hospital, 4 Barh within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha, J.) Ranjan