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2006 DIGILAW 418 (PAT)

Ram Nandan Prasad v. State Of Bihar

2006-05-04

NARAYAN ROY

body2006
Judgment 1. Heard counsel for the parties. 2. Despite order dated 31.3.2006, no counter affidavit has been filed. 3. This relates to payment of due salary to the petitioner, as enumerated in paragraph 1 of the main writ application, as also in the supplementary affidavit. 4. It is contended by Mr. Rajendra Prasad, senior counsel for the petitioner, that though the authorities have admitted the claim of the petitioner for payment of arrears of salary, the same is not being paid right from 1990 for no fault of the petitioner. It is also contended that from the last pay certificate, as contained in annexure 16, it would appear that some of his claims have duly been admitted relating to the period from 2003 onwards. It is further contended that the petitioner is continuing as doctor under the respondents and is drawing his salary. 5. Owing to the nature of the grievance of the petitioner and in absence of counter affidavit filed on behalf of the respondents, in my opinion, the petitioner may represent his case before the Secretary of the Department, namely, respondent no. 2 for redressal of his grievances giving details of the period for payment of arrears of salary. The representation, if any, filed by the petitioner, however, shall be considered and disposed of by speaking order in light of the admissions of the parties, as shown in annexure 16 within a period of six weeks from the date of filing of the representation. In case, respondent no. 2 would be satisfied that arrears of salary are legally payable to the petitioner, he shall direct for payment of the same and permissible interest forthwith from the date of passing of the order. 6. With the direction/observation aforesaid, this application is disposed of.