IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4194 OF 2002 BISHUNDEO PRASAD, SON OF SHOE NANDAN SINGH, RESIDENT OF VILLAGE PIR BIGHA, P.S. KHODAGANJ, DISTRICT NALANDA…… PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DIRECTOR, HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA 3. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, JEHANABAD 4. THE SUPERINTENDENT, GOVERNMENT HOSPITAL, JEHANABAD…………………………..RESPODNENTS ----------- 3. 08.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. This writ application was filed by the petitioner for a direction to the respondents to pay salary of the petitioner which was due to him since his initial date of appointment itself. Learned counsel for the petitioner submits that by valid orders of the then Civil Surgeon-cum-Chief Medical Officer, Jehanabad, petitioner was appointed vide Annexure-1. He submits that petitioner continued in service as Jeep Driver but he was not paid his salary. He also refers to Annexures 2 and 3 to show that from time to time services of the petitioner were transferred also. Learned counsel for the State submits that evidently, appointment of the petitioner was not in accordance with provisions of Articles 14 - 2 - and 16 of the Constitution of India and only on the basis of some orders of the State Minister, petitioner was appointed vide Annexue-1. Therefore, he submits that petitioner is not entitled for salary. The question whether petitioner was actually working under the respondents or not is a question of fact and which cannot be decided by this Court in a writ proceeding. Therefore, without going into the question of legality of appointment, liberty is granted to the petitioner to file a representation before the Civil Surgeon-cum-Chief Medical Officer, Jehanabad (respondent no.3) for payment of his salary or remuneration for the period, he had actually worked under the respondents. If such a representation is filed by the petitioner within one month, Civil Surgeon- cum-Chief Medical Officer, Jehanabad shall consider the same and pass appropriate orders in accordance with law within two months thereafter. With the above observations and directions, this writ application is disposed of. B.T (J.N. Singh, J.)