IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.3725 OF 2007 DR.GAIBI RAMA MADHUP, S/O LATE BHOLA PRASAD, MALE COUNSELOR OF V.C.T.C, MICROBIOLOGY DEPARTMENT,JAWAHARLAL NEHRU MEDICAL COLLEGE, BHAGALPUR R/O VILLAGE GHOGHA BAZAAR , P.O GHOGHA, P.S KAHALGAON, DISTRICT BHAGALPUR. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY CUM COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE PROJECT DIRECTOR, BIHAR STATE AIDS CONTROL SOCIETY, STATE INSTITUTE OF HEALTH AND FAMILY WELFARE, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 4.THE PRINCIPAL, JAWAHARLAL NEHRU MEDICAL COLLEGE, BHAGALPUR. 5.THE HEAD OF THE DEPARTMENT OF MICROBIOLOGY, JAWAHARLAL NEHRU MEDICAL COLLEGE, BHAGALPUR. ………………………RESPONDENTS. ----------- 04/ 11.08.2011 Having heard counsel for the parties and taking into account that the petitioner despite having a contractual appointment of one year, which had expired on 30.09.2002 was directed to continue in service even by way of misinterpretation of this Court’s order under specific direction of the Head of the Department of Microbiology Department, Jawaharlal Nehru Medical College, Bhagalpur dated 16.11.2002, this Court would hold the petitioner entitled for payment of his salary for the period 2 16.11.2002 to 30.11.2002 especially when the Principal of the Jawaharlal Nehru Medical College, Bhagalpur had ultimately cancelled the aforesaid order of the Head of Department vide memo no. 2148 dated 30.11.2002 (Annexure-B). Learned counsel for the State would submit that there was no order of maintaining status quo passed in the connected writ application being C.W.J.C No. 10812 of 2002 rather this Court had only restrained from making any fresh appointment and therefore, the Head of the Department Microbiology was not authorized to direct the petitioner to continue in service vide memo no. 230 dated 16.11.2002. In the considered opinion of this Court, if the work was taken from the petitioner by the Head of the Department on the strength of his order dated 16.11.2002, the petitioner cannot be denied payment of salary at least till the date such order of the Head of the Department, Microbiology Department, Jawaharlal Nehru Medical College, Bhagalpur was allowed to continue 3 before its being cancelled by the subsequent order of the Principal, Jawaharlal Nehru Medical College, Bhagalpur dated 30.11.2002. The submission of the learned counsel for the petitioner that the petitioner would be entitled for payment of salary from 01.10.2002 and not from 16.11.2002 would however not impress this Court, inasmuch as, from 01.10.2002 to 15.11.2002, there was no order extending the tenure of his service which as noted had already expired after completion of the period of one year on 30.09.2002. That being so, the respondents are directed to pay the salary to the petitioner for the period from 16.11.2002 to 30.11.2002 but they will have the liberty to recover the said amount paid to the petitioner from the Head of the Department of the Micro-biology Department, Jawaharlal Nehru Medical College, Bhagalpur who had passed such order dated 16.11.2002 not only exceeding his jurisdiction but also by giving a wrong interpretation to 4 the order of this Court. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)