IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18546 of 2009 1. BIRENDRA PRASAD SRIVASTAVA S/O LATE MUNI PRASAD SRIVASTAVA R/O VILL.- BANGRA BAZAR, P.S.- MARIPUR, DISTT.- DEWARIA (U.P.) Versus 1. THE STATE OF BIHAR THROUGH THE JOINT SECRETARY HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE JOINT SECRETARY-CUM-DIRECTOR INDIGENEOUS SYSTEM OF MEDICINE, HEALTH DEPARTMENT, NEW SECRETARIAT, PATNA 3. THE DEPUTY SECRETARY-CUM-DIRECTOR INDIGENOUS MEDICINE, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 4. THE DIRECTOR INDIGENOUS MEDICINE, HEALTH DEPARTMENT, NEW SECRETARIAT, PATNA 5. THE DEPUTY DIRECTOR INDIGENOUS MEDICINE, HEALTH DEPARTMENT, NEW SECRETARIAT, PATNA 6. THE DISTRICT INDIGENOUS MEDICAL OFFICER JOINT HOSPITAL, SITAMARHI ----------- 02/ 28.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner has superannuated from the post of Compounder, State Dispensary, Bairgania, Sitamarhi. This application has been filed by the petitioner for a direction to the respondents for making payment of his arrears of salary for the period 1.8.1991 to 7.11.1993. This is the period when the petitioner was waiting for his posting. Petitioner was transferred from Gopalganj to Gumla. He was relieved from Gopalganj for giving joining at Gumla, but his joining was not accepted as no vacant post was available. The period during which he was relieved and his joining was not accepted. He has not been paid his salary. Petitioner’s case is that for arrears of salary he has - 2 - earlier approached the respondents. Finally in the year, 2009 also this matter relating to payment of arrears of salary to the petitioner was referred by the District Indigenous Medical Officer, Sitamarhi to the Joint Secretary –cum- Director, Indigenous System of Medicine, Health Department, Govt. of Bihar and in response to this a letter had been issued to the District Indigenous Medical Officer, Sitamarhi for sending the details of the petitioner’s claim. Annexure-10 has been annexed by the petitioner in order to show that the petitioner through the District Indigenous Medical Officer has sent his claim to the Director, respondent no. 3, but till date there is no response and the payment has not been made. This application is being disposed of giving direction to Respondent no. 3 to consider the claim of the petitioner, communicated through the District Indigenous Medical Officer to Respondent no. 3 (Annexure-10) and take necessary action for its payment to the petitioner. Payment must be made within eight weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)