IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10185 of 2006 Shabiya Devi, Wife of Ramdeo Rai, Dresser, Resident of Village & P.O. Noagarhi, District Munger, Bihar. -------- Petitioner Versus 1. The State of Bihar through Commissioner and Secretary, Health Department, Bihar, Patna. 2. The Superintendent, Jawaharlal Nehru Medical College Hospital, Bhagalpur. -------- Respondents ----------- 2 26.08.2010 No one appears on behalf of the petitioner. Counsel for the State is present and would submit that the last instruction received by her on the basis of which the counter affidavit was also filed is to the effect that the petitioner will be entitled for payment of subsistence allowance and in fact its payment was not made only on account of lack of fund. The further prayer of the petitioner as with regard to the payment of salary will not be admissible, inasmuch as, the petitioner was found to be absent from duty in the relevant period. In that view of the matter, this Court would direct the respondents to pay the admissible subsistence allowance, if not already paid, and leave the matter for payment of salary open, inasmuch as, the payment of salary would depend on the outcome of the 2 departmental proceeding, already initiated against the petitioner. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)