IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9825 of 2006 DR.YOGENDRA SINGH, Son of Sri Ram Surat Singh, resident of Village- Sariswan, P.S. Harsidhi, District- East Champaran, Motihari --------------Petitioner Versus 1. THE STATE OF BIHAR 2. Commissioner-cum-Secretary, Department of Health Medical Education and Family Planning, Govt. of Bihar, Patna. 3. Director, Health Services, Bihar, Patna. 4. Deputy Secretary, Health Department, Govt. of Bihar, Patna. 5. Regional Deputy Director, Health Services, Tirhut Division, Muzaffarpur. 6. Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur. -----------Respondents. -------------------------- For the Petitioner:- Mr. Ragendra Prasad, Senior Advocate. Mr. Binod Shankar Modi, Advocate. Mr. Ritesh Kumar, Advocate. For the Respondents: - Mr. A. K. Saran, S.C. 20 Mr. Mrigank Mauli, A.C. to S.C.20 ------------------------- 4. 01.04.2011 This writ petition has been filed by the petitioner who is the member of the Bihar Health Services. His prayer is solely in respect of payment of subsistence allowance for the period of his suspension which has now ended in termination of his service. The petitioner has been kept suspended for almost 7 years. It appears that petitioner was directed in earlier proceedings to file a representation before the appropriate authority bringing on record that he was at the headquarters all along. The 2 representation having been filed no order having been filed and a contempt application was filed. Pursuant to the orders in the contempt application the stand of the State is that they have paid the entire subsistence allowance. Learned counsel for the petitioner states that the payment is not adequate inasmuch as for the period July, 2008 to September, 2009 when he was dismissed from service, he has not been paid the subsistence allowance. The next grievance of the petitioner is that the rate of which subsistence allowance has been paid is not correct. In my view, these are matters which should not concern this Court as no legal issue is involved. The petitioner as noted above has now been dismissed and he is filed an appeal which is also pending. I, therefore, direct the petitioner to file an application in the appellate proceedings seeking clarification on both these counts. The appellate authority on being shown the order of this Court would pass appropriate order after making such enquiry as it thinks fit and proper within a period of three months within which time all efforts should also be made to disposed of the appellate 3 proceedings itself. Let learned counsel for the State takes steps to communicate the order to the appellate authority concerned. With these observations this writ application stands disposed of. Anand Kr. ( Navaniti Prasad Singh, J.)