IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9758 of 2006 DR.KUMAR AMERENDRA CHAUDHARY, son of Sri Awadh Bihari Chaudhary, resident of mOhalla- Nai- Sarai, PS- Bihar Sharif, in the district of Nalanda and at present posted as waiting for posting in Health Department, new Secretariat, Govt. of Bihar, Patna. ….Petitioner. Versus 1. THE STATE OF BIHAR 2. The Commissioner cum Secretary Dept. of Health, M. E. and Family Welfare, Govt. of Bihar, new Secretariat, Patna. 3. The Secretary, Dept. of Finance, Govt. of Bihar, Old Secretariat, Patna. 4. The Accountant General, Bihar, Birchand patel Path, Patna. 5. The Civil Surgeon cum Chief Medical Officer, Jahanabad, Bihar. …….Respondents. ----------- 2. 20.08.2010 Heard counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ petition reads as follows:- “(a) to pay arrears of salary to the petitioner of the scale of pay of junior selection grade i.e. Rs.3000-4500 w.e.f. 15/8/1988 granted vide notification No. 214(4) Health Issued on 19/03/1998 with retrospective effect. (b) To pay arrears of salary to the petitioner of the scale of pay of senior selection grade I.e. Rs.4100-5300 w.e.f. 15/8/1991 granted vide notification No. 393 (4) Heath Issued on 11.7.1998. (the petitioner continued to receive actual pay scale of basic grade i.e. Rs. 2425-4000 till April 1998 through having got regular promotion in junior and senior selection grade on the scale of pay i.e. Rs.3000-4500 and Rs.4100-5300 respectively petitioner 2 during the said period was not given actual pay scale of promoted grade). (c) To pay month to month salary of senior selection grade of scale of pay from May 1998 till 10.5.2000. (d) To pay month to month salary of senior selection grade of scale of pay from May 2002 to till date. (In between 10/5/2000 to April 2002 the petitioner received provisional salary in the scale of pay Rs.6500-10500 purported to be the scale of senior selection grade) (e) The petitioner is entitled to receive month to month salary of Central Revised Replacement scale of Pay of Rs. 3000-4500 and Rs.4100-5300, a junior and senior selection grade of scale respectively w.e.f. 1.1.1996 as per recommendation of fitment committee constituted by the Govt. of Bihar and further. (f) to pay suitable general interest and as well as penal interest over all dues for causing unnecessary delay in making payments of arrears of salary and current salary despite order of the Hon’ble High Court, Patna in CWJC No. 8749/1999 on 25.1.2000. (g). To post the petitioner to a post commensurate with the status of petitioner on a classified post following Rule of Reservation of Post in Service Act 1991-92 and Bihar Act 17,2002 as the petitioner belongs to scheduled cast category in consonance with the order passed in favour of petitioner on 25.1.2000 by Hon’ble high Court, Patna in CWJC No. 8749/1999.” When the counsel for the petitioner was asked as to how the petitioner could claim the payment of salary 3 from 1988 onwards in a writ petition filed by him in the year 2006, his plain and simple answer is that this grievance was earlier raised by the petitioner in the previous writ petition filed by him in CWJC No. 8749 of 1999 From the reading of the order dated 25.1.2000 passed in CWJC No. 8749 of 1999 it becomes clear that issue involved therein was with regard to payment of salary from March 1988 only and therefore this writ petition so far it relates to any other claim for payment of salary from August 1988 to February 1998 must be rejected on the ground of delay/ laches and /or the principle of conceptive res judicata. The petitioner cannot be permitted to move under writ jurisdiction of this Court at any point of time and claim payment of salary two to three decades back. When the petitioner himself had not remained conscious to his right the writ court would not allow such wholly stale money claim to be raised which even otherwise cannot be raised by filing a money suit. Once this aspect becomes clear, the grievance of the petitioner with regard to non- compliance of the order of this Court dated 25.1.2000 4 which was in fact also made subject matter of his contempt application with unfavourable result, can also not be agitated afresh for the same relief and in fact no writ petition for the same relief can be maintained by him on the ground that contempt application had been transferred to Jharkhand High Court. As with regard to the claim of the petitioner for his posting commensurate to his status or payment of salary for the period 10.8.2006 on wards, when the writ application was filed, this Court would give liberty to the petitioner to approach the competent authority who having taken the previous service history of the petitioner into account would pass an appropriate order confined to the period 10.8.2006 on wards without being influenced by anything said in this order. The Principal Secretary of the Health Department being the competent authority in this case will ensure that the relief to which the petitioner would be entitled in law in the light of aforesaid observations and findings must be redressed by him by passing an appropriate order within a period of six months from the date of receipt/production of a copy of this order. 5 With the aforementioned observation and direction, this writ petition is disposed of. kanchan (Mihir Kumar Jha, J.)