IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4352 of 2007 OM PRAKASH Versus THE STATE OF BIHAR & ORS 3. 24.06.2008 Heard learned counsel for the petitioner and the State. The claim in this writ application is for arrears of salary for December, 1993, January, 1994 and July, 1996 in the first part. The second part of the application relates to the period 29.9.2003 till 30.6.2005. It appears that the services of the petitioner were terminated, when he came to this Court in CWJC No. 3766 of 2003 which was allowed on 8.9.2003 when termination order was set aside with directions for reinstatement but without back wages. It is the case of the petitioner that he submitted his joining thereafter, which is disputed by respondent no. 3 in his counter affidavit. The counter affidavit in paragraph 10 explicitly admits the claim of the petitioner for arrears of salary as noticed in the former part of the present order and takes the defence of non-availability of funds only. This Court is satisfied that the claim for salary for the period 29.9.2003 to 30.6.2005 essentially involves questions of facts. Learned counsel for the State fairly admitted that no legal issues requiring adjudication under Article 226 of the Constitution were involved and that the issues were basically administrative in nature. He further informed the Court that enquiry had already been set up into the matter. - 2 - This court, therefore, directs that the salary of the petitioner for the period December, 1993, January, 1994 and July, 1996 shall be paid to the petitioner within a period of two months from the date of receipt and/or production of a copy of this order before the concerned Respondent. In so far as the claim for arrears of salary for the period 29.9.2003 to 30.6.2005, this Court considers it proper to refer this matter on the administrative side to the Director-in-chief, Health Services, Government of Bihar, who shall examine the issue of denial of wages to the petitioner on facts in light of the enquiry already stated to have been set up. If the petitioner is found entitled to the salary for the period claimed or for any part, thereafter the same shall be paid to the petitioner forthwith. In that event the arrears shall carry interest @ 3% which shall be recovered from the salary of the erring official, if any, to be determined in the enquiry or by the Director-in-chief as the case may be. If salary is to be denied to the petitioner on facts, for the period in question, a reasoned and speaking order shall be required to be passed in that regard. AKS/ (Navin Sinha, J.)