IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15112 of 2009 1. SHAMBHU PRASAD SINGH@SHAMBHU KUMAR SINGH S/O SAHDEB PRASAD SINGH R/OVILL KAHARA, P.S. ALAMNAGAR, DISTT- MADHEPURA Versus 1. THE STATE OF BIHAR 2. DIRECTOR , HEALTH SERVICE BIHAR, PATNA 3. REGIONAL DIRECTOR , HEALTH SERVICE DARBHANGA 4. CIVIL SURGEON - CUM - CHIEF MEDICAL OFFICER MADHUBANI 5. IN- CHARGE MEDICAL OFFICER, PRIMARY, HEALTH CENTRE MIRJAPUR, MADHUBANI 6. IN- CHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE LADANIA, DISTT- MADHUBANI ----------- 2 22.2.2010 Heard counsel for the petitioner and the counsel appearing for the State. Counsel for the petitioner has filed supplementary affidavit in order to show that in the year 2000 the Civil Surgeon-cum-Chief Medical Officer, Bhagalpur has issued a letter to the petitioner for production of relevant records to justify the legality of his appointment. Counsel for the State has admitted that in compliance of Annexure-4 petitioner had never submitted any relevant document to prove genuineness of the appointment. Counsel for the petitioner submits that his case is similar to the case of Balram Prasad Mishra, who had come before this Court earlier in CWJC No. 367 of 1998 disposed off on 27.3.2000. In that case also there was no specific direction in favour of the petitioner to the - 2 - respondent for making payment of salary, rather a direction had been issued to the Civil Surgeon- Cum- Chief Medical Officer, Bhagalpur to examine the legality of appointment and pass formal order within the specified time. In the case of the petitioner already such action was taken by the respondent but in compliance of that, petitioner has not been able to prove the legality of the appointment, naturally since 1998 he is not working. I do not find any merit in this writ application. The writ application stands dismissed. (Mridula Mishra,J.) A.Kumar