IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14011 of 2002 Lipika Sarkar, W/o Shri Kripa Shankar Pd. Sinha, Resident of Mohalla Kailashpuri Dumra, P.S. Dumra, Dist. Sitamarhi. -------- Petitioner Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. Commissioner cum Secretary, Health Department, Govt. of Bihar, Patna. 3. Director in chief, Health Services, Bihar, Patna. 4. Civil Surgeon, Katihar. 5. Superintendent of Sadar Hospital, Chaibasa. 6. Superintendent of Sadar Hospital, Katihar. ----- Respondents ----------- 3 30.06.2010 No one appears on behalf of the petitioner. In this writ application, the petitioner has prayed for following relief:- “(I) Issuance of writ in the nature of Mandamus, order or direction, directing and commanding the respondents to pay the petitioner the deputation allowance (20 percent of the pay) from the period 20.3.80 to 16.12.82 as worked on higher post as full charge of principal Tuitor at A.N.M. School, Katihar (Bihar) who was A grade Nurse (Ward Sister). (II) To pay transfer allowance Rs. 22,238 for different period (A) from Shri Krishan Medical College Hospital Muzaffarpur to Sadar Hospital Chaibasa (Dec 96) (B) From Chaibasa to A.N.M. School daltenganj (Dec 98) (C) From A.N.M. School, Daltenganj to Sadar 2 Hospital Chaibasa (Dec 99) (These period relates to the period prior to division of Jharkhand State which exclusively was within State of Bihar). (III) To pay house rent allowance for the period May 98 to 9.11.98 (To be paid by the Superintendent, Sadar Hospital, Chaibasa. (IV) To pay duty payment for the period 26.10.97 to 31.10.97 by the Superintendent Sadar Hospital, Chaibasa. (V) To pay difference of pay admissible Rs. 8125 and the petitioner received Rs. 7950 and accordingly difference of amount of initial pay to be paid as per the letter of District Accountant Officer, Chaibasa vide memo no. 1062 dtd. 22.9.2001. Period Admissible Drawn 1.1.96 Rs 8125 Rs 7950 1.1.97 Rs 8300 Rs 8125 1.1.98 Rs 8475 Rs 8300 1.1.99 Rs 8650 Rs 8475 1.1.00 Rs 8825 Rs 8650 “ From reading of the aforementioned prayer as also the connected materials, it would appear that the appointment of the petitioner was made on the post of Nurse in the year 1980 and from that day itself, she had kept on pressing her grievance in a 3 consolidated manner which has been raised in this writ application by filing this writ application on 16.12.2002. In that view of the matter, the relief claimed in paragraph 1(I) claiming the petitioner’s allowance for the period 20.3.1980 to 16.12.1982 must be and is hereby rejected as a stale claim. The remaining grievances, being within a reasonable period is, however, are fit to be considered. Counsel for the State, however, in respect of these prayers i.e. from (ii) to (v) as mentioned in paragraph no.1 of this writ application, would submit that since the petitioner herself had not filed the transfer T.A. Bills, there was no question of making such payment. Unfortunately, such counter affidavit is not on record of this case and obviously not served on the counsel for the petitioner. Be that as it may, this Court would direct the Direction-in-Chief to consider the grievance of the petitioner as with regard to the relief claimed in paragraph no. 1 i.e. from (II) to (V) relating to payment of 4 transfer T.A., difference of salary, house rent allowance etc. If the Direction-in-Chief would find that there are certain documents wanting to settle such claim of the petitioner, he would call upon the petitioner to fulfill the same and thereafter would take his final decision which must be taken within a period of six months from the date of receipt/production of a copy of this order. If upon such consideration, of the Director- in-Chief the petitioner is found to be entitled for certain payment, that also must be released in next two months. It goes without saying that if any payment as claimed in this writ application is has already been made to the petitioner, there will be no question of double payment on the strength of this order. With the aforementioned observations and directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)