IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1971 of 2010 In Civil Writ Jurisdiction Case No. 898 of 2005 ====================================================== 1. Smt. Suman Kumari W/O Shri Manindra Kumar Pandey @ Mahendra Pandey R/O Vill.- Ujjaina, P.O.- Sohilpatti, P.S.- Basantpur, Distt.- Siwan …. Petitioner .... Appellant/s Versus 1. The State Of Bihar Through The Secretary To Government Health Services (Family Welfare) Department, New Secretariat (Vikas Bhavan), Patna 2. The Director-In-Chief Health Services (Family Welfare) Department, New Secretariat (Vikas Bhavan), Patna 3. The Regional Deputy Director, Health Services, Saran Commissionery At Chapra 4. The Civil Surgeon-Cum-Chief Medical Officer, Siwan 5. The Incharge Medical Officer, Primary Health Centre, Guthani (Siwan) 6. The Treasury Officer, Siwan …..Respondents .... Respondent/s ====================================================== 3 03-11-2011 Heard learned counsel for the appellant and perused the order of the Writ Court. On behalf of the appellant submissions have been confined to the issue of claim for arrears of salary for certain period. It has been submitted that for the period October 1997 to 21.6.1999 the Writ Court has given liberty to the petitioner/ appellant to approach the civil court if she wants to press her claim for salary of that period. Learned counsel submits that since the disciplinary proceeding remains to be finally decided on account of order of remand passed by the Writ Court, the appellant should be given liberty to raise the claim of salary also for different Patna High Court LPA No.1971 of 2010 (3) dt.03-11-2011 2 periods before the departmental authorities. The Writ Court has noted an order of the Director-in- Chief dated 21.6.1999 whereby claim for salary for the period October 1997 to June 1999 was denied. The Writ Court found that the claim was dependent upon facts which were not admitted and hence, required evidence. However, without interfering with the observations of the Writ Court we grant a further liberty to the appellant that , if so advised, she may raise her claim for arrears of salary before the departmental authorities also because according to learned counsel for the appellant the order of the Director- in – Chief also grants such a liberty to the appellant. The appeal is disposed of. sk (Shiva Kirti Singh, J) (Shivaji Pandey, J)