IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16730 of 2008 1. PRAMOD KUMAR son of Hari nandan Prasad, resident of Village Daulatpur, P.O. Rajapur Sour, P.S. Warisaliganj, District Nawadah. 2. Raj Kumar chanchal son of Banarsi Prasad, resident of Main Raoad, Hakikatpur, P.S. Bakhtiarpur, District Patna. 3. Ranjeet Kumar son of Indu Rajak of mohalla Naya Tola, Khazanchi Road, Patna. 4. Manoj Kumar son of Sidheshwar Singh, of village nanauri, P.S. Akabarpur, District Nawadah. 5. Ashish Kumar son of Vishwanath Prasad, resident of Village Gonar Bigha, P.O. Bhatta, P.S Warisaliganj, District nawadah. 6. Bipin Biari Sinha son of Sita Ram Singh, of village Sartha, P.S. Wena, district Nalanda. 7. Mahabir Pandit son of Ramjee Pandit, resident of village sumka, P.S. Amaura, District nalanda. 8. Smt. Rai Kavita laxmi Bai@Rai Kavita Laxman Bai D/o Laxman Rai, resident of Village Vanveers, P.O. Purusotampur Falai P.S. & District-Samastipur. ……………..Petitioners. Versus 1. THE STATE OF BIHAR. 2. The Incharge T.B. Division, State Health Society, Pariwar kalayan Bhawan, Patna 14. 3. The Collector, Nalanda. 4. The District t.b. Officer-cum-Secretary, District T.B. Control Society, Bihar Sharif, nalanda. 5. Incharge medical Officer, Primary Health Centre. Giriyak Nalanda,District Nalanda. …………Respondents. ----------- 2 20/09/2010 Petitioners were in contractual service with the respondents. Their services were terminated with effect from 13.2.2006, vide Annexure-8. The claim of the petitioners in this writ application is with regard to the admitted salary of the period they had actually worked prior to 13.2.2006. Learned counsel for the petitioners points out that three other similarly situated 2 persons had moved this Court through C.W.J.C No. 8421 of 2007 which was disposed of by order dated 25.3.2008, and pursuant to the direction this Court, they were paid their arrears of salary. This writ application was filed on 19.11.2008. However no counter affidavit has been filed on behalf of the respondents till now. In the circumstances, this writ application is disposed of with the following directions:- 1. Petitioner must file a fresh representation before the concerned respondent within one month from today along with a copy of this order. The representation must contain all the claims of the petitioner distinctly and in separate paragraphs and must accompany documents connected with his service history and other documents/ circulars/orders etc. on the basis of which petitioner asserts his right to get the claims. 2. The concerned respondent, upon receipt of the representation, with a copy of this order, shall immediately take it into consideration, and, if necessary, after 3 hearing the petitioner in person or through representative, as he may feel proper, shall pass final orders within three months of the receipt of the same. In case the concerned respondent is not the competent authority to pass final orders in the matter, he shall refer the matter within two months with his detailed consideration and definite opinion in respect of each claim to the competent authority for passing final orders in the matter, who, after hearing anyone and after examining any records as he may deem necessary, shall pass final orders in the matter within one month from the date of receipt of reference from the concerned respondent. 3. The final order of the concerned respondent or of competent authority or the reference order of the concerned respondent sent to the competent authority must show that (i) each and every claim of the petitioner has been noticed; (ii) each and every claim has been separately considered and a definite finding/opinion has been arrived at in respect of each and every claim with regard to its admissibility or inadmissibility and (iii) all 4 the relevant laws/circulars/orders etc. in respect of each and every claim have been taken into consideration for its acceptance or rejection by the said final order. 4. All consequential orders, in respect of the admitted claims, must also be issued along with the passing of the final order, and payments of any consequential monetary benefits must be ensured within one month of the passing of the said final order and issue of the said consequential orders. 5. The said final order must be served upon/communicated to the petitioner within the said three months and it must clearly mention the grounds and findings for rejecting any claim with reference to specific law/circular/order for coming to that finding. It goes without saying that this Court has not gone into the claim of the petitioner on merits which shall be considered and decided by the respondents within the time fixed as above and strictly in accordance with law. Pradeep/ ( J.N.Singh, J.)