IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14403 of 2002 Yogendra Prasad, Son of late Jaglal Sah, Resident of Village and P.O. Jalpura, P.S. Koilwar, District Bhojpur, at present working as Dresser in T.B. Hospital, Koilwar, District Bhojpur. --------- Petitioner Versus 1. The State of Bihar through the Health Commissioner to the Government of Bihar, Patna. 2. The Director in chief, Department of Health, Bihar, Patna. 3. The Superintendent, T.B. Hospital, Koilwar, District Bhojpur. --------- Respondents ----------- 7 19.07.2010 Heard Mr. A.B. Ojha, learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- “1. That this is an application for issuance of a writ of mandamus commanding and directing the Respondents to make payment of his regular salary with effect from the date of regularization of the petitioner’s services with interest as well as cost of this proceeding and any other relief to which petitioner is entitled to.” Mr. Ojha, learned counsel for the petitioner with reference to the aforementioned prayer would submit that true it is that the petitioner after retaining from his illness and submitting his joining was subjected to some sort of tyranny by the then Superintendent but then he has a right 2 to know of his entitlement either in the matter of continuation in service or claiming payment of salary at least from the period he had reported back on duty. Mr. Ojha in this context would draw attention of this Court towards some sort of report given by the in-charge Superintendent of T.B. Hospital, Koilwar dated 6.12.1995 to show that the petitioner was putting his signature on a separate attendance register and therefore, the plea taken by the respondents in their counter affidavit denying the petitioner his salary only on the ground that the petitioner had not put his signature in the general attendance register cannot be accepted as a valid reason for denying payment of salary to the petitioner. The difficulty for this Court would be that there is no mention of a particular date about which the petitioner is claiming payment of salary or the mode of regularizing the period of his absence. In fact, from paragraph no.6 of the counter affidavit which also has remained uncontroverted in absence of any rejoinder affidavit filed by the 3 petitioner, reading as follows:- “6. That Deputy Director (T.B.) Health Services has also mentioned in its report on the basis of the report of the present superintendent, T.B. Hospital, Koilwar that salary of rest three Sri Birendra Kumar Choudhary, Sri Degree Rai and Rajendra Singh were paid, but the salary of the petitioner Sri Yogendra Prasad was not paid because his signature is not available on the attendance register and he had not worked in the hospital, The Deputy Director (T.B.) Health Services has also made it clear that neither petitioner is in duty nor any records relating him are available in the hospital.” it becomes clear that there is also a dispute of the petitioner having ever performed his duty in the relevant period. In that view of the matter, when the petitioner has himself not been specific about his relief, this Court, at best, can only give him liberty to now raise his demand before the Director-in-chief, Health Department, who would look into the relevant records as also the earlier report submitted in the matter for deciding the entitlement of 4 the petitioner either in the matter of regularizing the period of his absence on account of illness in accordance with the rules and/or payment of salary for the work actually performed by the petitioner. In order to expedite the matter, the petitioner is given liberty to file a self- contained representation including copy of this order and the Director-in-chief of Health Department will take his decision by passing a final order within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)