IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17834 of 2009 SHREE RAM SINGH Versus THE STATE OF BIHAR & ORS ----------- 02 05/03/2010 Heard learned counsel for the petitioner and learned counsel for the State. The claim is for arrears of salary for the month of February, 2009 and then July to October, 2009. On 29.6.2009 the petitioner was directed to proceed for posting to Valmiki Nagar. He relies upon a letter of the Chief Engineer, Water Resources Department dated 10.9.2009 detaining him at Naugachia for flood related work and simultaneously directing release of his arrears of salary from July, 2009. A counter affidavit has been filed by the Executive Engineer of the Department. Prima facie the writ petition does not appear to be raising any questions of law much less of unauthorized absence. If the Chief Engineer of the Department opines that the petitioner was detained for a reason, and is entitled to his salary, and the Executive Engineer an officer sub-ordinate in rank proposes to differ, the matter becomes one of administrative discipline/ indiscipline as the case may 2 be. The matter is referred to the Secretary, Department of Water Resources, Government of Bihar to pass a reasoned and speaking order on the claim of the salary of the petitioner, when he is adequately required to deal the order dated 10.9.2009 of the Chief Engineer also and dispose the same within a maximum period of four weeks from the date of receipt/production of a copy of this order. It is expected that any legitimate dues of the petitioner shall also be paid to him within that period in accordance with law. If the petitioner has subsequently moved out of Naugachia, the respondents are obliged to forward his L.P.C. to his present place of posting, so that there is no impediment in the payment of his salary. The Secretary, Water Resources Department is expected to adequately look into this aspect of the matter also, so that purely administrative issues are not brought before the Court as unwanted litigation. The application stands disposed. P.K. ( Navin Sinha, J.)