IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14450 of 2009 Most.Shobha Devi Versus The State Of Bihar & Ors 4/ 16/08/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is the widow fighting for the arrears of wages of her deceased husband for the period 2.10.1986 to 25.11.1991. She has had to approach this Court on more than one occasion notwithstanding the recommendation made by the District Welfare Officer dated 6.7.2001. The matter relates to arrears of salary from 2.10.1986 to 25.11.1991. The Court finds it very difficult to understand the stand taken by the respondents very nebulous in character. The counter affidavit is non-committal and delightfully vague. Either the government servant was on duty or he was not on duty. The Court finds it very difficult to understand how a government servant can be away from duty for such a long period of time without any enquiry or records available of his absence. The matter involves a pure question of fact. Let the Secretary, Department of Welfare, Government of Bihar, examine this limited question. If the deceased was on duty, he is naturally entitled to his salary. If the respondents contend that he was not on 2 duty there has to be evidence for the same as otherwise the Court finds it very difficult to believe that a government servant was absent from duty for such a long duration without the knowledge of the authorities as it calls in question the role of those who may have permitted him to do so. Let the Secretary examine the claims and pass appropriate orders within a maximum period of 3 months from the date of receipt/production of a copy of this order. If the Secretary finds justification in the claim or in any part of the claim, it is expected that necessary orders shall be passed simultaneously. The application stands disposed. KC ( Navin Sinha, J.)