IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16203 of 2006 SUDHIR KUMAR DEO, AGED ABOUT 55 YEARS, S/O YADUNANDAN PRASAD DEO, R/O VILLAGE AND P.S. BELDAUR, DISTRICT KHAGARIA, PRESENTLY POSTED AS BASIC HEALTH WORKER (BHW) AND DEPUTED AT HEAD QUARTER, PRIMARY HEALTH CENTRE(PHC)BELDAUR IN THE DISTRICT OF KHAGARIA. ………………………PETITIONER. Versus 1.THE STATE OF BIHAR THROUGH THE SECRETARY CUM HEALTH COMMISSIONER, GOVERNMENT OF BIHAR, PATNA. 2.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, KHAGARIA, DISTRICT KHAGARIA. 3.THE DISTRICT MAGISTRATE, KHAGARIA. 4.THE MEDICAL OFFICER INCHARGE, PRIMARY HEALTH CENTRE BELDAUR, KHAGARIA. ……………………RESPONDENTS. ----------- 03/ 20.07.2011 Having heard counsel for the parties and taking into account that there is some sort of confusion as with regard to the payment of subsistence allowance for the period in which the petitioner was under suspension i.e. December 1987 to May 1992, this Court would find it expedient in the ends of justice to direct the Civil Surgeon, Khagaria district to examine as to whether after revocation of suspension of the petitioner, his due amount of salary/subsistence allowance has been paid as is sought to be conveyed by Ld. AAG-IX. Learned counsel for the petitioner however would submit that the petitioner has not received payment of subsistence allowance or even the salary for the 2 period from April 1985 to November 1987. Though Mr. Raza would rely on Annexure-8/1 and 8/2 being the communication of the Civil Surgeon, Khagaria, Incharge Medical Officer, Primary Health, Beldaur as with regard to certain directions for examining the admissibility of the payment of salary of the petitioner for the concerned period, there is hardly any explanation either in the writ petition or in the proposed counter affidavit as with regard to the issue raised in this writ application. That being so, if the petitioner would file his representation before the Civil Surgeon of Khagaria district confining the grievance as with regard to payment of payment of subsistence allowance or payment of salary for the period from April 1985 to May 1992, the same would be examined and decided by the Authority keeping in view that even earlier he had asked the controlling Authority for the petitioner to take a expeditious decision. It is made clear that if the petitioner is held entitled under the orders of Civil Surgeon for payment of any amount by way of subsistence allowance/salary the same also must be paid to the petitioner within one month to such order of the Civil Surgeon. If, 3 however, the Civil Surgeon would find the petitioner disentitled for payment of amount of any portion either in full or in part, he would be required to record reasons for such rejection of the claim of the petitioner. The said exercise must be completed within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)