BIHAR PASHU CHIKITSA SANGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is the Association of Ranchi Bench of vetenary doctors and its members are posted in Animal Husbandry Department. A list of doctors of the Association who have moved this Court, has been annexed as Annexure 1 to the writ application.

(2.) THE grievance of the petitioner is that the members of the petitioner - Association have not been paid their salary for the last several years. Their grievance is that they are not getting their salary inspite of the fact that respondent No. 3, the Finance Commissioner. Government, of Bihar, Patna issued a direction to all the Secretaries/Commissioners of the department of the Government, vide letter dated 11.7.1998 directing to provide allotment to all the departments for payment of salary as early as possible. It is contended that the petitioner - Association earlier preferred a writ application being CWJC No. 2847/97(R) for the same relief with regard to other 42 doctors. The said writ application was disposed of on 25.2.1999 directing the respondents to pay arrears of salary and other dues to the members of the petitioner -Association. A copy of the order has been annexed as Annexure 5 to the writ application. Another Association also moved the Patna High Court for payment of revised pay scale and the said writ application was allowed but the arrears of revised pay scale has not yet been paid though the Finance Department, Government, Bihar gave permission for payment of revised scale.

(3.) FROM the affidavits of the parties it is clear that the doctors on whose behalf this writ application has been filed after their appointment, have been working and there is no departmental proceedings or criminal case pending against them. The respondents have also not denied or disputed their legal claim of payment of salary. In that view of the matter I am of the opinion that non - payment of salary to these doctors is wholly unjustified.