JITENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(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.) 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.