IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8454 of 2002 SMT.SANGITA KUMARI Versus THE STATE OF BIHAR & ORS ----------- 5/ 27/03/2009 Heard learned counsel for the petitioner and learned counsel for the State. The claim in this writ application is for payment of arrears of salary from 14.11.1997 to 9.9.1998 and for deposit in her contributory provident fund account the deductions already made from her monthly salary during the said period. The petitioner was appointed on the post of a steno-typist in the year 1995 in the Bihar State Construction Corporation. She was sent on deputation to the respondent Department of Institutional Finance & Programme Implementation, the respondents. It is her case that she was orally directed to join the Department of Institutional Finance & Programme Implementation with effect from 1.9.1997 and the burden of paying her salary was on the construction corporation till 13.11.1997. The petitioner claims that she joined in the former department on 14.11.1997. It appears that she raised no issues of salary thereafter till, having considered all her claims, a buff-sheet was issued ten months later by the Minister 2 concerned on 22.9.1998 for payment of her salary with effect from the date of deputation i.e., 14.11.1997. She came to this Court earlier in C.W.J.C. No.16377/01 when this Court directed her claim to be examined and legitimate dues paid. Learned counsel for the petitioner placing reliance on the buff-sheet dated 22.9.1998 substantiated the claim of salary, as has been claimed. The respondents then passed an order on 15.5.2002 that she had given her joining on 10.9.1998 and was discharging duties till 30.11.1998. She was entitled for the salary for the same period and which had been paid to her and, therefore, there was no further arrears payable to her. Learned counsel for the petitioner disputed the payment of salary as stated in the impugned order, quite apart from emphasizing the claim from 14.11.1997. The respondents in their counter affidavit have stood by their order dated 15.5.2002. From the buff-sheet noting dated 22.9.1998 it appears that the petitioner was working in the Minister’s Cell of the office of the respondents. But the respondents state that she had joined in their office in pursuance of deputation only on 10.9.1998. The writ 3 petition is raising purely issues of facts. What was the date of deputation, what was the period of deputation, when did the petitioner join the deputed post, from what date she started discharging her duties in any wing in the deputed post and for what period of deputation salary has been paid. There are no legal issues involved requiring determination by the High Court under Article-226 of the Constitution of India. Any order on a buff sheet cannot be the foundation for a claim in a writ petition. Whether it be the respondents who are liable to pay salary or whether it is the Construction Corporation which is liable to pay the salary for certain periods, as alleged by the respondents, are purely administrative issues. It is, indeed, unfortunate that a purely administrative issue has been pushed to the High Court in the form of a writ application. The petitioner, despite the order dated 15.5.2002 of the respondents holding that the liability for other payments lay with the Construction Corporation, has chosen not to implead the Corporation as party respondent. In absence of necessary parties and the writ application raising purely issues of facts, this writ application is disposed with the directions to the 4 Secretary, Department of Finance (Statistical Finance), Government of Bihar to examine the purely administrative issues of eligibility of the petitioner to salary on facts and then to pass a reasoned and speaking order of her entitlement or non-entitlement. It is expected that the legitimate dues, if any, shall be paid to the petitioner and the citizen shall not be compelled to come knocking the doors of the High Court on a purely administrative issues simply because of bureaucratic apathy. Let such administrative decision be taken within a maximum period of four months from the date of receipt/production of a copy of this order. KC ( Navin Sinha, J.)