M.Y.EQBAL, J. - (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. The respondents, in their counter affidavit, have stated that some of the doctors mentioned in the list (Annexure 1) have received all the dues and are getting their regular salaries. So far other doctors are concerned, they have received part payment due to less budgetary sanction. It is contended that as per the previous financial rules for drawing of the monthly salary provision of allotment was not essential but after the Animal Husbandry scam the finance rules were revised without proper and specific allotment. However, it is admitted by the respondents that due to non -payment of salary the members of the petitioner - Association are loosing interest on their General Provident Fund deductions. Lastly it is stated that so far payment of salary after 15th November, 2000 is concerned, allotment of funds has been made but due to some technical problems unknown to the respondents bill could not be passed from the Treasury. The Chief Secretary, vide letter dated 11.4.2001 issued direction to all the Commissioners/Secretaries/Deputy Commissioners regarding payment of arrears of salary of the employees after creation of the State of Jharkhand.
(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.;