IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6794 of 2004 1. SURWIL KUMARI, daughter of VAsudeo Prasad at present posted Nurse the Rajendra Nagar Hospital, Patna, P S. Kadam Kuan, District- Patna. 2. Shakuntla Devi D/o Hira Ram at present posted A grade Nurse the Rajendra Nagar Hopsital, Patna P. S. Kadamkuan, District- Patna. 3. Mani Sinha d/o Late Surendra Prasad, at present posted Rajendra Nagar Hospital, Patna- P.S. Kadam Kuan, District- Patna. 4. Prakash Prasad s/o Mathura Prasad at present posted Rajendra Nagar Hospital, Patna P S. Kadam Kuan, District- Patna. 5. Varun Kumar s/o Late Doman Prasad Singh, at present posted Rajendra Nagar Hospital, Patna P.S. Kadamkuan, District- Patna. 6. Rajendra Prasad s/o Mahadev Prasad, at present posted Rajendra Nagar Hospital, Patna P S. Kadamkuan, District Patna. 7. Arun Kumar Pandey s/o Late Jagdish Pandey at present posted Rajendra Nagar Hospital, Patna P S. Kadamkuan, District- Patna. 8. Nirmla Kumari D/o Ramchandra Mandal, at present posted Rajendra Nagar Hospital, Patna P S. Kadamkuan, District- Patna. 9. Kanchan Kumari Sinha d/o Mahadev Prasad, at present posted Rajendra Nagar Hospital, Patna P S. Kadamkuan District Patna. 10. Jyoti Kumari, d/o Bisheshwar Prasad Sinha at present posted Rajendra Nagar Hospital, Patna P S. Kadamkuan, District- Patna. 11. Kripanath S/o Briju Ram, at present posted Rajendra Nagar Hospital, Patna P S. Kadamkuan, District- Patna. 12. Premchand Sinha s/o Shivnarayan Sinha at present posted Rajendra Nagar Hospital, Patna P S. Kadamkuan, District- Patna. 13. Krishnawallav Singh s/o Lalita Singh at present posted Rajendra Nagar Hospital, Patna P S. Kadamkuan, District- Patna. 14. Geeta Devi d/o Kailu Rai at present posted Rajendra Nagar Hospital, Patna P S. Kadamkuan, District- Patna. … Petitioners. Versus 1. THE STATE OF BIHAR 2. Secretary cum Commissioner, Health Department, Bihar, Patna. 3. The Director in Chief Health Department Bihar, Patna. 4. Deputy Director Health Service Bihar Patna. 5. Additional Health Director, Health Department, Bihar, Patna. 6. Civil Surgeon cum Chief Medical Office, Patna. 7. Deputy Superintendent of Rajendra Nagar Hospital, Patna. .. Respondents. ------------- 4. 06.08.2010 Heard counsel for the petitioners and counsel 2 for the State. The prayer of the petitioners in this writ petition reads as follows:- “(i) To issuance of an appropriate writ rule in the nature of mandamus for issuing direction for payment of the salary for the month of January 2000 and others if any with proper interest from the date of all dues to the actual date of payment. (ii) To issue an appropriate writ or direction commanding upon the respondents to discharge their statutory obligation in accordance with law.” With regard to the aforementioned prayer, learned counsel for the petitioners would submit that the petitioners have admittedly worked for the petitioner and are entitled for payment of salary. This aspect of the matter has not been controverted by the respondents in their counter affidavit but there is an interesting submission that though the fund for salary was released but the same was made subject matter of robbery and therefore the salary could not be paid to the petitioners. The department in fact having been approached by the Drawing and Disbursing Authority for release of the fund had taken steps for release of the fund. Neither of the parties however are 3 aware as to whether such fund was released or the payment was made to the petitioners. Normally, by this time, the fund must have been released and payment must be made but if for any reason whatsoever, that has not been done, this Court would direct the authorities to immediately release the fund for payment of salary which was made the subject matter of robbery as stated in the pleading of this case. This exercise must be completed within a period of three months from the date of receipt/production of a copy of this order so that the petitioners can get their dues of admitted salary. With the aforementioned observation and direction, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)