IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4356 of 2007 MINA DEVI Versus THE MANAGING DIRECTOR, LAND DEVELOPMENT BANK, PATNA & ORS ----------- 2 05.08.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has approached the Court because she is not being paid salary by the respondent Bank for more than 30 months. At the time of the filing of the writ application a repeated request and prayer has gone in vain. A counter affidavit has been filed on behalf of the respondents where they do not deny the claim made by the petitioner. Salary is payable, but, since the Bank is in a poor financial condition, it cannot meet its obligation. They have also stated that they have taken a decision in principle to make payment of salary and other dues of the employees subject to the recovery which could be made by the Branch. The stand taken by the respondents has no legal backing. So long as the Bank exists and has not been winded up, the inability to pay can never be a ground for not meeting the obligation. An employee has right to claim salary for the period he or she has worked and it is the obligation of employer to pay since work has been 2 taken by them. The writ application stands disposed of with a direction upon respondent no.1, the Managing Director that he should look into the claim of the petitioner and thereafter take steps for payment of her salary within a period of six months from the date of communication or production of the copy of this order. The writ application is disposed of with the above direction. Rajeev/ (Ajay Kumar Tripathi, J.)