IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5765 of 2002 SMT.SANJU KUMARI, D/O CHANDRA MAULESHWAR TIWARI, W/O SHRI INDU SHEKHAR PANDEY, PERMANENT R/O VILLAGE-RAMPUR, P.O.- PAI BIGHA, DISTRICT-GAYA, AT PRESENT RESIDING AT NEHRU PUBLIC SCHOOL, MOHALLA-NEW DAMARIA, P.O.-ANISHABAD, P.S.-GARDANIBAGH, DISTRICT- PATNA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, PATNA. 4. THE MEDICAL OFFICER, INCHARGE, PRIMARY HEALTH CENTRE, PHULWARISHARIF, PATNA. 5. THE MEDICAL OFFICER, INCHARGE, ADDITIONAL PRIMARY HEALTH CENTRE, SARARI GUMTI, DANAPUR, DISTRICT-PATNA. ……………RESPONDENTS. ----------- 4 12.05.2010 Petitioner has filed this writ application for a direction to the respondents to pay her salary and other dues of the period 12.1.1999 to 7.5.1999. It is submitted by learned counsel for the petitioner that the petitioner was on strike on the call of Bihar State Non-Gazetted Employee Union. After the strike was called off she joined her duties. Thereafter, an agreement was arrived at between the Union and the State Government that the period of the strike shall be adjusted against admissible earn leave. Accordingly, the said period of the petitioner was adjusted against her earn leave, but she has not been paid salary 2 and other dues of the period. Learned counsel for the petitioner submits that in identical situation other employees who were also on strike during the period have been paid their salary, but the petitioner has been singled out and has not been paid her salary and other dues till now. Learned counsel for the State submits that if the said decision of the Government has been implemented and the salary of the strike period has been paid to the other employees after adjusting the period against their earn leave, the petitioner shall also be paid her salary, if not already paid. Learned counsel for the petitioner, in reply, submits that the fund had already been requisitioned from the Department by the Incharge, Medical Officer where the petitioner was posted, vide Annexure-2. Thus, it appears that the petitioner has already been found entitled for payment of salary and other dues of the period for which the fund has been requisitioned. In the circumstances, this writ application is disposed of with a direction to 3 respondent no. 2 to consider the case of the petitioner and if she is entitled for release of salary and other dues of the period, he shall act upon the requisition submitted by the Incharge, Medical Officer, as contained in Annexure-2, and shall sanction the fund for payment to the petitioner preferably within a period of three months from the date of receipt/production of a copy of this order. Arvind/ (J. N. Singh, J.)