IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3764 of 2009 Sheo Kumar, son of late Mohan Ram, Resident of village Makhdumpur, P.S. Makhdumpur, District-Jehanabad. Petitioner. Versus 1. The State of Bihar. 2. The Principal Secretary, Department of Health and social welfare, New Secretariat, Patna. 3. Director-in-chief, Health Services, Bihar, Patna. 4. Deputy Director, Health Services, Magadh Division, Gaya. 5. Civil Surgeon-cum-Chief Medical Officer, Jehanabad. 6. Incharge Medical Officer, Primary Health Centre, Dharaut, District- Jehanabad. 7. Treasury Officer, Jehanabad. Respondents. ----------- 3. 28.07.2011 No supplementary counter affidavit has been filed on behalf of the Civil Surgeon-Cum-Chief Medical Officer, Jehanabad showing reason for making discrimination in between the case of Kamlesh Prasad Singh and the petitioner. Both of them challenged the order of termination by filing C.W.J.C. no. 9759 of 1999. Kamlesh Prasad Singh has been paid his arrears of salary but the arrears of salary for the period of termination of petitioner has been denied, despite the fact that Civil Surgeon-Cum-Chief Medical Officer, Jehanabad has taken similar decision in the case of the petitioner vide order contained in memo no. 1725 dated 10.07.2008. No reason has been shown why the payment was not made to the petitioner, despite the fact that Civil Surgeon-Cum-Chief Medical Officer, Jehanabad has taken a decision for payment of salary to the petitioner for the period of termination. There is no cogent and reasonable ground for such discrimination has been assigned. 2 Decision had already been taken by the Civil Surgeon-Cum- Chief Medical Officer, Jehanabad for making payment. Considering all these facts, this application is being disposed of, directing the Civil Surgeon-Cum-Chief Medical Officer, Jehanabad for making payment of entire arrears of salary to the petitioner for the period of termination, as mentioned in his own decision dated 10.07.2008 contained in memo no. 1725. The decision of payment of salary must be made within eight weeks from the date of production/communication of the order, considering the fact that similarly substituted person, namely, Kamlesh Prasad Singh has already been paid his arrears of salary for this period. Kamlesh (Mridula Mishra, J.)