IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4979 of 2002 Dr.Jai Narayan Choudhary, son of Late Lakshu Choudhary, resident of village/Mohalla Chandi, P.S. Chandi, District- Nalanda at Biharsharif ……. Petitioner Versus 1.The State Of Bihar 2.The Secretary, Deshi Chiketsa (Health), New Secretariat, Patna 3.Director, Deshi Chikitsa, New Secretariat, Patna 4.District Indegeneous Officer, Munger, District- Munger 5.The Treasury Officer, Jamui ……… Respondents ----------- 4. 03/03/2010 Heard learned counsel for the petitioner and learned counsel for the State. In this writ application petitioner has prayed for a direction to the respondents for payment of his salary of the period November, 2000, February, 2001 and from August, 2001 till date. Petitioner has further prayed for payment of arrears of salary of revised pay scale. When the case was taken up on 3.5.2002, this Court did not find any urgency in the matter, and therefore, directed the case to be listed in usual course. However, petitioner was given liberty to file representation and it was observed that the pendency of the case will not prevent the authorities from making payment in accordance with law. In spite of passage of about eight years, - 2 - nothing has come on records of this case, by way of counter affidavit or otherwise, to show that the claim of the petitioner has been considered and/or denied by the competent authority or has even been considered. Learned Counsel for the respondents is also not in a position to contend that the claim of the petitioner is in active consideration or has been considered and disposed of by the competent authority by now in any manner. In the circumstances, in view of delay caused in the case, this Court has no option but to dispose of this writ application with the following directions:- 1. Petitioner should file a fresh representation before the concerned authority within one month from today along with a copy of this order. The representation must contain all the claims of the petitioner distinctly and in separate paragraphs and must accompany documents connected with his service history and other documents/circulars/orders etc. on the basis of which petitioner asserts his right to get the claims. 2. The concerned respondent, upon receipt - 3 - of the representation, with a copy of this order, shall immediately take it into consideration, and, if necessary, after hearing the petitioner in person or through representative, as he may feel proper, shall pass final orders within three months of the receipt of the same. In case the concerned respondent is not the competent authority to pass final orders in the matter, he shall refer the matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority for passing final orders in the matter, who, after hearing anyone and after examining any records as he may deem necessary, shall pass final orders in the matter within one month from the date of receipt of reference from the concerned respondent. 3. The final order of the concerned respondent or of competent authority or the reference order of the concerned respondent sent to the competent authority must show that (i) each and every claim of the petitioner has been noticed; (ii) each and every claim has been separately considered and a definite finding/opinion has been arrived at in respect of - 4 - each and every claim with regard to its admissibility or inadmissibility and (iii) all the relevant laws/circulars/orders etc. in respect of each and every claim have been taken into consideration for its acceptance or rejection by the said final order. 4. All consequential orders, in respect of the admitted claims, must also be issued along with the passing of the final order, and payments of any consequential monetary benefits must be ensured within one month of the passing of the said final order and issue of the said consequential orders. 5. The said final order must be served upon/communicated to the petitioner within the said three months and it must clearly mention the grounds and findings for rejecting any claim with reference to specific law/circular/order for coming to that finding. It goes without saying that this Court has not gone into the claim of the petitioner on merits which shall be considered and decided by the respondents within the time fixed as above and strictly in accordance with law. Pradeep/ (J. N. Singh, J.)