IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 7423 of 2006 Smt Radhika Devi, widow of late Amarendra Narayan Sinha, Resident of Mohalla – Salempur Mahadewa, P O + P S – Siwan, District – Siwan - Petitioner Versus 1 The State of Bihar through the Chief Secretary, Old Secretariat, Patna 2 The Director, Department of Agriculture 3 New Secretariat, Bailey Road, Patna 4 The Agriculture Product Commission, Virchand Patel Path, Patna 5 The S D O (Agriculture), Department of Agriculture, Dist - Siwan - Respondents ----------- 3 03.01.2011 No one is present for the petitioner. Petitioner is the widow of late Amarendra Narayan Sinha who retired as Subdivisional Officer (General) in the Department of Agriculture, Siwan on 31.12.2000. He died on 18.11.2004 but had dues of salary pending for payment for which this writ petition has been filed by the widow. All other retiral dues have been paid. A counter affidavit has been filed in which it is pointed out that for the period 07.09.1998 to 04.01.2000, petitioner’s husband had not been paid his salary as that was a period when petitioner’s husband was waiting for posting in the Secretariat. It is mentioned that petitioner’s husband was earlier suspended on 08.09.1995 and his suspension was revoked on 06.09.1998 which period was treated as regular service period and there is no dispute with regard to that period. In the counter affidavit, it is pointed out that petitioner’s late husband should have taken steps for getting his period of waiting for posting that is 07.09.1998 to 04.01.2000 regularised but he took no effective steps in this regard. The widow has filed a rejoinder wherein she has stated that it is the appointing authority who should have 2 taken steps to regularise the said period as it is as per their orders he was waiting for posting for almost 16 months. Be that as it may, in my view, from the counter affidavit and the rejoinder which encloses latest letters, it is apparent that petitioner’s late husband for the period aforesaid was in service and waiting for posting. He is entitled to payment of salary for the aforesaid period. I, accordingly, direct the Director (Agriculture) to look into the matter and pass appropriate orders in that regard within two months from today and communicate the same to the petitioner. If payment is due then he would ensure payment of the dues within the aforesaid two months’ period itself. The learned counsel for the State would, accordingly, inform the Director. The writ application is, accordingly, disposed of. M.E.H./ (Navaniti Prasad Singh)