IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7863 of 2009 1.Smt.Kunti Kumari , W/o Sri Surendra Prasad, resident of village- Malama, P.S.-Hilsa, District-Nalanda. 2. Smt. Nayantara Sinha, D/o Sri Ramashish Singh, resident of village- Badoura, P.S.- Chandi, District-Nalanda. 3. Smt. Geeta Kumari, W/o Sri Saryu Prasad, resident of Village- Tharthari Bigha, P.S.- Tharthari, District-Nalanda. 4. Smt. Savita Kumari, D/o Sri Chandeshwar Prasad, resident of village- Ope, P.S.-Ekangar Sarai, District-Nalanda. 5. Smt. Rekha Sinha W/o Sri Rajkumar Prasad, resident of village- Parasdiha, P.S.-Chandi, District-Nalanda. 6. Smt. Koushaliya Devi, D/o Sri Raghunandan Prasad, resident of village-Garhiyapar, P.S.- Chandi, District-Nalanda. 7. Smt. Malti Devi, W/o Sri Kameshwar Prasad, resident of Koilama, P.S.-Harnaut, District-Nalanda. ……….Petitioners. Versus 1. The State of Bihar. 2. Secretary-cum-Commissioner, Department of Health, Bihar, Patna. 3. Deputy Director, Health Services (Training), Bihar, Patna. 4. Civil Surgeon-cum-Chief Medical Officer, Nalanda. 5. Incharge, Medical Officer, Primary Health Centre, Chandi, Nalanda. ............Respondents. ----------- 2/ 13.07.2009 Heard counsel for the petitioners and counsel for the State. All seven petitioners were appointed by the Civil Surgeon, Nalanda and posted at Primary Health Centre, Chandi, Nalanda on different dates in between 1987, 1989 and 1990. Petitioners’ case is that they got their salary till the month of April, 2008. Suddenly, thereafter, payment of their salary was stopped on account of issuance of a letter dated 3.6.2008 contained in Memo No. 439. An enquiry was directed to be conducted regarding genuineness of petitioners’ appointment and a - 2 - committee was constituted for conducting the enquiry. The Committee completed its enquiry and submitted its report on 9.8.2008. The Enquiry Committee found that petitioners were genuinely appointed by Civil Surgeon-cum-Chief Medical Officer, Nalanda. This committee also directed for withdrawal of the order whereby payment of salary was stopped and also for resuming payment of salary, arrears as well as current. Petitioners’ grievance is that arbitrarily, payment of salary has still not resumed. They have not been paid their arrears and current salary. Considering the Enquiry Report submitted by the Committee annexed as Annexure-3, the respondent (Civil Surgeon- cum-Chief Medical Officer, Nalanda) is directed to make payment of arrears and also current salary for each month. Petitioners’ salary could have been stopped, if the report submitted by enquiry committee would have been to this effect that appointments are not genuine. In the present circumstances, there is no valid reason for withholding payment of salary. Payment of current salary should start from the next month, arrears should also be paid within eight weeks of the production/communication of this order. Sanjeet/ (Mridula Mishra, J.)