IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3382 of 2009 ANUP KUMAR SHARMA Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :- Mr. Madan Prasad Singh No.2 Mr. O.P. Maharaj For the State :- G.P.8 2 23.3.2009 Heard counsel for the parties. The grievance of the petitioner in this application is confined to the payment of salary for the period November, 2007 onwards. There seems to be some dispute with regard to the claim of the petitioner inasmuch as it appears from reading of Annexure-5 that certain order was issued which was not complied by the petitioner. Counsel for the petitioner, however, submits that that actually the petitioner has worked in this period and has complied each and every order of the superior authority and therefore, his payment of salary cannot be withheld. This Court would not be in a position to decide such a jinxed question of fact especially when the issue relates to the entitlement of payment of salary for the work done. That being so, this Court would give 2 liberty to the petitioner to approach the Additional Collector of Lakhisarai district who had issued transfer order of the petitioner. The Additional Collector of the district will examine the grievance of the petitioner and if he finds that the petitioner has worked in the period of November, 2007 onwards, he will pass an appropriate order for realization of payment of salary of the petitioner in accordance with law. Let it be made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and has only remitted the matter back to the competent cadre authority to decide the claim of the petitioner as with regard to the payment of his salary. It is expected that if the petitioner files a representation along with a copy of this order, the same shall be disposed of within a period of three months. With the aforementioned observations, this application is disposed of. Rsh (Mihir Kumar Jha, J.)