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2002 DIGILAW 912 (PAT)

Jitendra Kumar Singh v. State Of Bihar

2002-08-22

NARAYAN ROY

body2002
Judgment 1. Heard. 2. Vide order dated 13.8.2002 this application was directed to be listed along with C.W.J.C. No. 6884 of 2000. C.W.J.C. No. 6884 of 2000 is not the identical matter. In that view of the matter, let it be heard in usual course. 3. So far as C.W.J.C. No. 7476 of 2002 is concerned, it is submitted by learned counsel for the petitioner that the petitioner has been transferred vide notification dated 29.6.2002 as contained in Annexure-4 to this writ application from Ara to Primary Health Centre, Harlakhi in the district of Madhubani without making payment of arrears of salary to the petitioner with effect from July, 1998. 4. It is submitted by learned counsel for the petitioner that since July, 1998 till date the petitioner has not been paid his salary and for this he has also approached this Hon ble Court along with another Doctor in C.W.J.C. No. 6884 of 2000 and now he has been transferred. A counter affidavit and a supplementary counter affidavit have been filed on behalf of the State wherein the fact alleged by the petitioner for non-payment of arrears of salary has not been denied. However, it is submitted by learned counsel for the State that the petitioner being the drawing and disbursing officer was himself responsible to explian as to under what circumstances requisite salary was not drawn by him. Learned counsel further submits that the detail informations have been sought for from the Civil Surgeon, Ara to expedite the payment of arrears of salary to the petitioner. In the counter affidavit it is stated that on account of non-availability of allotment, arrears of salary was not paid to the petitioner and so sooner the same will be available, arrears as well as current salary will be paid to the petitioner. 5. A Government servant normally should be paid his salary from month to month and it is a case where salary has not been paid to the petitioner since July, 1998 till date and in this situation it would be appropriate not to give effect to the notification of transfer as referred to above, so far as the petitioner is concerned till arrears of salary as well as current salary is not paid to the petitioner and it is accordingly directed. It is stated by learned counsel for the petitioner that till date the petitioner has not been relieved pursuant to the interim order passed by this court dated 11.7.2002.However, it is clarified that the petitioner will also cooperate with the authorities and necessary information shall be furnished to the authorities concerned, if and when asked for and the authorities thereafter shall make necessary payments to the petitioner. It is further clarified that no sooner necessary payment is made to the petitioner by the authority concerned, he will be relieved from the present post and he will join at the transferred post. 6. With this direction and observation the writ application is disposed of.