IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11895 of 2008 Dr. Pandey Binay Krishna Sahay @ Pandey B.K. Sahay, Son of Late Pandey Akhileshwar Sahay, resident of Mohalla New Jakkanpur, Krishna Niwas, Police Station Jakkanpur, District Patna…………………………………………………………………….………..Petitioner Versus 1. The State Of Bihar through the Secretary, Health Department, Government of Bihar, Patna. 2. The Additional Secretary, Health Department, Government of Bihar, Patna. 3. The Civil Surgeon, Nalanda………………….Respondents ---------------------------------- For the Petitioner: Mr. Mithilesh Kumar Upadhyay, Advocate For the State: A.C. to G.P.12 3 12.08.2011 I.A. No.5184 of 2010 This interlocutory application has been filed by the petitioner for liberty to him to challenge initiation of a fresh proceeding against him. The interlocutory application is disposed of with liberty to the petitioner to challenge the said proceeding in an independent writ application. Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents for payment of his salary of certain period. 2 In the counter affidavit it is not stated that any final order has been passed denying the same to the petitioner. It is stated that representation of the petitioner, as annexed as Annexure-I with the counter affidavit, is still pending in the Department. In the circumstances, this writ application is disposed of with a direction to the Secretary – cum - Commissioner, Department of Health, Government of Bihar, Patna to ensure within two months that representation of the petitioner is considered and appropriate orders are passed in accordance with law and if the petitioner is found entitled for salary of the petitioner, the same is released to the petitioner. BT (J. N. Singh, J.)