IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1439 of 2006 HEALTH SERVICES EMPLOYEES ASSOCIATION, through its President Jaikant Jha, son of late Gulab Jha, resident of Village Sanha, P.S. Sahebpur Kamal, District Begusrai, at present posted on the post of Computer, at primary Health Centre Khagaria, District Khagaria. Versus 1.THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2.The Finance Commissioner, Government of Bihar, Patna. 3.The Commissioner Cum Health Secretary, govt. of Bihar, Patna. 4.The District Magistrate, Khagaria, District Khagaria. 5.The Civil Surgeon Cum Chief Medical Officer, Khagaria, District Khagaria. ----------- 3 13.8.2010 No one appears for the petitioner. Counsel for the State is present. Prayer of the petitioner in this writ application to the following effect, “That by the present writ petition, the poor and helpless petitioner craves indulgence before this Hon’ble Court in representative capacity for issuance of a writ in the nature of mandamus directing the respondents to make payment of arrears and current salaries of all the employees of the Health Department of Khagaria district including the salary of the petitioner since May 2004 and onwards all the final payment, alongwith appropriate interest, which are not being paid by the negligent act of the respondents and the amount sanction for the said payment has been returned back for the Sessions 2004- 2005 and no allotment could have been done for the payment of the salaries of the said employees for the Sessions 2005- 2006, as yet. And further for issuance of a writ in the nature of Mandamus directing the respondents to make allotment of the fund forth with for the payment of salary of the Health Department employees of the Khagaria district conjugately for the Session 2004- 2005 and 2005- 2006 so that hardship created before the petitioner may be solemnized. And further for issuance of any other appropriate writ or writs, direction or directions as it may be deemed fit and proper to the facts and 2 circumstances of this case. Let it be clarified that works are being taken regularly by all the employees of health Department of Khagaria, District including petitioner.” pertaining to the individual claim for payment of salary of the employees of the Health Department, Khagaria district is simply not maintainable, inasmuch as, each of such claimant of salary has his different service history and such claim for payment of salary can be only maintained on the basis of individual work done by them. That being so, while this Court would dismiss this application as not maintainable, it will give liberty to the affected employees to seek appropriate remedy for the relief which has been sought in this writ application. This application is, accordingly, dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)