IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7949 of 2006 SADANAND SAH Versus THE STATE OF BIHAR & ORS ----------- 04. 15.11.2010 Writ was filed for a direction upon the respondents to pay the petitioner his salary from March, 2006 till the date of non-payment. Respondents have categorically stated in the counter affidavit that petitioner has not bee paid his salary for the reason that he has failed to attend his duty, not marked his attendance, he is in the habit of absenting without authority, flouting the orders of superiors and not shouldering his responsibility in a fair and conscientious manner. In support of such a contention relevant documents have been annexed with the counter affidavit, which has not been rebutted by the petitioner. The background under which the non-payment of salary has become an issue does not inspire this Court to pass any order for payment of salary. Right of salary, to an employee, emerges from the duty which he supposed to perform. Government is not supposed to pay money to any person as gratis without attending to his work. The facts being what they are, no direction can be given. The petitioner will have to establish his bona fide before the concerned superiors. Writ is dismissed with the observation as above. rkp ( Ajay Kumar Tripathi, J.)