IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5959 of 2002 DR.SHASHI KUMAR GUPTA, s/o Late Satya Deo Prasad Gupta permanent resident of Mohalla- Diwan Road, P. s. Muzaffapur Town, Police Station, District- Muzaffarpur at present posted as Eye Surgeon, Eye Mobile Unit, Sadar Hospital Khagaria, P.S. and District- Khagaria… Petitioner. Versus 1. THE STATE OF BIHAR 2. the Director, in Chief Health Department, Bihar, Patna. 3. Health Secretary-cum-Health Commissioner, Bihar, Patna. 4. The Civil Surgeon-cum-Chief Medical Officer-cum- Superintendent of Sadar Hospital, Khagaria, District- Khagaria. .. Respondents. ----------- 5. 12.07.2010 This writ petition was filed on 10.5.2002 claiming payment of salary since May 2001 onwards as also for payment of difference of dearness allowance for the period June 2000 to April 2001. In the counter affidavit it has been stated that the petitioner was transferred in the May 2002 whereafter the claim for payment of salary has been made. It is also stated that the petitioner was earlier working in the scheme sponsored by the Central Government and therefore the payment of salary could be made to the petitioner after receiving of allotment of his fund. In the opinion of this Court, the petitioner’s salary for the period he has worked cannot be denied and the allotment of fund from the Central Government cannot be made a ground to deprive the petitioner from getting his 2 salary. Therefore, the petitioner would be entitled for payment of his salary for the period in question in which he has worked and accordingly this Court would give liberty to the petitioner to file a representation to the Director-in-Chief claiming payment of salary as also difference of dearness allowance as claimed in this writ petition. The Director of Health Services will examine the grievance of the petitioner and if he finds that the allotment of fund alone was reason for non-payment of salary and/or difference of dearness allowance, he would ensure its payment to the petitioner within three months from the date of receipt/production of a copy of this order. On the other hand, if the Director would find that the petitioner has already been paid the salary as claimed in this writ petition, he would simply pass an order recording mode of payment. At the time same if it is found that the petitioner for any reason is not entitled for payment of salary for the aforesaid period or part thereof the Director would be under obligation to disclose the reason for the same in his order. Such exercise by the Director must be completed within a period of six months from the date of receipt/production of a copy of this order. 3 With the aforementioned observation and direction, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)