IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6081 of 2004 DR.AMBIKA PRASAD MANDAL son of Late Yamuna Prasad Mandal, District Reproductive and Child Health Officer, Gopalganj, District- Gopalganj… Petitioner. Versus 1. THE STATE OF BIHAR through the Commissioner-cum-Secretary, Department of Health, Medical Education and Family Welfare, Patna. 2. The Director, Health Department, Patna. 3. The Civil Surgeon-cum-Chief Medical Officer Gopalganj, District- Gopalganj. 4. The Director, Health Department, Patna. 5. The Regional Director, Health Service, Health Department, Patna. .. Respondents. ------------- 3. 06.08.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ petition reads as follows:- “1. That this writ application is being filed for issuance of any appropriate writ in the nature of Mandamus, Commanding to the respondents and direct to respondents to make the payment of salary due since the month of February 2004 to till today with full cumulative and penal interest immediately in favour of the petitioner and further be pleased to restrained to the respondents to not disturb to the petitioner for compliance the summons issued by the learned court of justice and further be pleased to restrained to respondents to not interfere into judicious function of court.” From the perusal of the averment made in this writ petition and the submissions made by the learned counsel for the petitioner there seems to be an 2 unnecessary dispute raised by the respondent- Civil Surgeon, Gopalganj. The petitioner is a doctor and was required to appear in the Court for deposing and proving his injury report and/or the postmortem report. The petitioner has enclosed the certificate of the court concerned with regard to his appearance on various dates and therefore Civil Surgeon ought to have treated the absence of the petitioner from duty at his place of posting to be one for the official purposes. It is, however not clear, in absence of the counter affidavit as to why the Civil Surgeon had taken such action. In that view of the matter, this Court would direct the Principal Secretary of the Health Department to look into the aforesaid grievance of the petitioner as with regard to payment of his salary of one month i.e. February 2004 and also treating the period of absence of the petitioner as authorized when he was admittedly busy in the Court work for recording of his deposition. The petitioner is given liberty to file a fresh representation addressed to the Principal Secretary, wherein he may also enclose not only the evidence in support of his claim. The Principal Secretary of the Health Department 3 thereafter will pass necessary orders within a period of three months from the date of filing of such representation by the petitioner. It is, however, made clear that if the petitioner is also found entitled to certain payment of amount, the same would also be extended to the petitioner within next three months of passing of such order by the Principal Secretary. With the aforementioned observation and direction, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)