IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13986 of 2001 Punit Prasad, son of Bhagwat Prasad, resident of village Parwara, P.S. Tarapur, District- Munger ………. Petitioner Versus 1.The State Of Bihar through the Health Commissioner, Bihar, Patna 2.The Director-in-Chief Health Services, Bihar, Patna 3.The Ciuvil Surgeon-cum-Chief Medical Officer, Deoghar 4.The District Audit Officer, Department of Finance, Deoghar 5.The Treasury Officer, Deoghar 6.The State of Jharkhand through the Secretary, Department of Health, Govt. of Jharkhand, Ranchi ……….. Respondents ----------- 16. 16/02/2010 Petitioner has filed this writ application for a direction to the respondents to grant him senior selection grade scale, super time selection grade and second time bound promotion counting his services from 1962 when he was initially appointed in the National Small Pox Eradication Programme. Later on, service of petitioner was absorbed in regular service and subsequently he was granted the scale and second time bound promotion also. However, District Accounts Officer raised objection with regard to grant of such scale to petitioner and thereafter the same was reduced in the basic scale on the verge of his superannuation. Petitioner superannuated from service with effect from 31st - 2 - July, 2000 from the office of Civil Surgeon, Deoghar. Petitioner thereafter moved this Court in C.W.J.C.No.8114 of 1991 and this Court by order dated 9.11.1992 (Annexure-1) disposed of the writ application with liberty to the petitioner to file representation before the Commissioner- cum-Special Secretary, Department of Health, Govt. of Bihar, who was directed to dispose of the same by a reasoned order within a period of four months. The representation of the petitioner was considered and it appears that the same was rejected and he was reverted from the post of clerk to enumerator from the relevant date. Petitioner challenged the said order in a fresh writ application, namely, C.W.J.C.No.5282 of 1993 which was disposed of by order dated 21.9.1993(Annexure-2). While disposing of the writ application, order of reversion of petitioner was quashed and it was held that petitioner would be entitled to salary of the post of clerk. Thereafter, by Annexure-3, petitioner was given second time bound promotion. However, as - 3 - stated earlier, on objection of District Accounts Officer, the same was cancelled merely a few months prior to the retirement of petitioner by order dated 6.12.1999. In the circumstances, petitioner has filed this writ application with the aforesaid prayer. When the case was taken up earlier, an objection was raised by learned counsel for the State that since after bifurcation the district of Deoghar has fallen within the jurisdiction of the State of Jharkhand and as such the State of Jharkhand should also be made party and should be heard in the matter. Accordingly, State of Jharkhand and the Civil Surgeon-cum-Chief Medical Officer, Deoghar were made party in the writ application and copies of writ application were served on learned counsel appearing for the State of Jharkhand. Pleadings have been filed in which State of Jharkhand has taken a stand that since petitioner has superannuated prior to the bifurcation of the State, his case has to be considered by the authorities of the State of Bihar and all benefits have to be paid to him by the State of Bihar in terms of Bihar - 4 - Reorganization Act, 2000. Today, petitioner has filed reply to the third supplementary affidavit of the State of Bihar annexing an order of the Director, Health Services, State of Bihar dated 28.1.1990, from which it appears that in terms of resolution of the Directorate Level Establishment Committee petitioner was transferred from the post of Clerk from Bhagalpur to the post of Clerk in the office of Civil Surgeon-cum-Chief Medical Officer, Deoghar. Learned counsels for the State of Bihar as well as State of Jharkhand have submitted that this transfer order appears to be mutual transfer as the order contains names of two persons only transferred on the post of each other. By making this submission, they inferred that in case transfer of petitioner was a mutual transfer, he will not be entitled to seniority in the cadre in the district. Learned counsel for the petitioner seriously disputes the submission and submits that petitioner was transferred in normal course on the resolution of the Directorate Level Establishment Committee and therefore, he will - 5 - be entitled to his seniority in the cadre at the district level. He submits that if seniority of petitioner is determined in the cadre, he will be entitled to senior selection grade scale and super time selection grade scale or if his services are counted from 1962, he will be entitled to second time bound promotion. Be that as it may, this is not disputed that petitioner had superannuated from service of the State of Bihar, when the State was not bifurcated and the district of Deoghar fell within the jurisdiction of the State of Bihar. Therefore, in terms of the Bihar Reorganization Act, authorities of the State of Bihar are competent to consider the case of the petitioner and pass appropriate orders. Now, when this controversy stands settled, this Court feels it appropriate that the Director-in-Chief, Health Services, Govt. of Bihar should be directed to examine the case of petitioner in detail and consider his claims and pass final reasoned order in respect of grant of either of the benefits to the petitioner. Learned counsel for the petitioner submits that petitioner will file a detailed - 6 - representation before the Director-in-Chief, Health Services giving all relevant details including all relevant documents for consideration within a period of one month. In the circumstances, this writ application is disposed of with the following directions:- 1. Petitioner shall file a detailed representation before the Director-in-Chief, Health Services, Bihar, Patna (Respondent no.2) 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. Respondent Director-in-Chief, Health Services, Bihar, upon receipt of the representation, with a copy of this order, shall immediately take it into consideration, and, if necessary, after hearing the petitioner in person or through representative, as he may feel proper, shall pass final orders within three - 7 - months of the receipt of the same. He shall not raise any question with regard to want of power in this regard either due to the District of Deoghar falling in Jharkhand State as a result of reorganization or on the ground that Civil Surgeon of Deoghar was competent to consider the claims of the petitioner. It is made clear in specific terms that the Director-in-Chief, Health Services, State of Bihar shall consider the representation of the petitioner and the claims made therein strictly on merits. 3. The final order of the Director-in- Chief, Health Services 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 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 - 8 - 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, in case of rejection of 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 Director-in-Chief, Health Services within the time fixed as above and strictly in accordance with law. Pradeep/ (J. N. Singh, J.)