IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.3564 OF 2007 NEENA KUMARI,W/O DR. RAVI ANAND, R/O MOHALLA S.D.O ROAD, P.S. HAJIPUR, TOWN, DISTRICT VAISHALI. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY CUM COMMISSIONER, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE DRUG CONTROLLER, GOVT. OF BIHAR, PATNA. 4.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MUZAFFARPUR, BIHAR. 5.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, SHEOHAR, BIHAR. 6.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, VAISHALI, BIHAR. ………………………RESPONDENTS. ----------- 02/ 11.08.2011 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application for payment of salary for the month of April 2005 as also for the month of November 2005 to February 2007 with the current salary now stands restricted on account of subsequent events of his payment of salary for the rest of the period except for the month of April 2005 as also for the period of her maternity leave from 01.04.2006 to 26.05.2006. Counsel for the petitioner would submit that since the petitioner had 2 worked in capacity of Drug Inspector, Muzaffarpur in the month of April 2005, there could be no reason for non payment of salary for the aforementioned period even when this fact was categorically mentioned in her Last Payment Certificate (L.P.C) issued by the authorities at Muzaffarpur. He would further submit that the petitioner was also entitled for grant of maternity leave for the period from 01.04.2006 to 26.05.2006 but the respondents have not made payment of such amount to her till date. Though in this case, a counter affidavit has been filed through the Incharge Medical Officer, Referral Hospital, Tariyani Sheohar (respondent no. 5), the same does not at all answer the aforesaid issue raised in this writ application. In that view of the matter, the issue relating to the payment of salary to the petitioner, the holder of the post of Drug Inspector has to be decided by respondent no. 3, The State Drug 3 Controller, Government of Bihar, Patna who having obtained record regarding working/ admissibility of the maternity leave of the petitioner must take his final decision within a period of six months from the date of receipt/production of a copy of this order. In the event, the petitioner is found entitled for payment of salary of the month of April 2005 and/or the maternity leave in between 01.04.2006 to 26.05.2006 or part thereof, the resultant payment also be made to the petitioner within a period of one month from the date of passing of such order by respondent no. 3, The State Drug Controller, Government of Bihar, Patna. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)