IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18000 of 2009 1. RABINDRA YADAV S/O RAM KRISHNA YADAV R/O VILL.- JUBADI, POST- DHAMAURA, P.S.- BABU BARHI, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HEALTH & FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 2. THE DIRECTOR-IN-CHIEF HEALTH SERVICE, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY DIRECTOR HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR HEALTH SERVICES, DARBHANGA DIVISION, DARBHANGA 5. THE ADDITIONAL DIRECTOR HEALTH SERVICE (ADMINISTRATION), GOVERNMENT OF BIHAR, PATNA 6. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER MADHUBANI 7. THE INCHARGE MEDICAL OFFICER PRIMARY HEALTH CENTRE, GHOGHARDIHA, MADHUBANI ----------- 02/ 20.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s case is that he was initially appointed to the post of Voluntary Worker and subsequently posted as Clerk in the pay scale of Rs.580-860/- by the Regional Deputy Director, Darbhanga Division, Darbhanga vide letter no. 40 (confidential) dated 29.11.1988. The petitioner had joined at Primary Health Centre, Ghoghardiha, Madhubani and continued to discharge his duties. However, with effect from 10.7.1995 the Incharge Medical Officer, Primary Health Centre, Ghoghardiha restrained the petitioner from discharging his duties, though no order of termination was issued. Considering the nature of petitioner’s appointment - 2 - and the order restraining him from discharging duties, it is apparent that it was not an appointment made following the procedure for a legal appointment. The restrained order was passed in the year, 1995 and for this first time, the petitioner has moved challenging that order in the year, 2009 without explaining the long delay. This application is not maintainable as barred by limitation. It is dismissed. DKS/ (Mridula Mishra, J.)