IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10314 of 2007 1 SAHEB RAI, son of Ramasheesh Rai, R/O village, Sheohar, P.S.Sheohar, Dist-Sheohar. 2. Arbind Kumar, son of Shri Narayan Prasad, R/o Village- Kodariya, P.S-Patahi, Dist-East Champaran. 3.Daweshwar Pandey, son of Bishwanath Pandey, R/o Village- Fatahpur, P.S-Sheohar, Dist-Sheohar. 4.Lalit Kumar Mishra, son of Chatarbhuj Mishra, R/O Village-Banua Turki, P.S.Meenapur, Dist,Muzaffarpur. 5.Ashok Kumar Singh, Son of Girja Nand Prasad Singh, R/O of Village-Kasturiya,P.S.Tariyani, District-Sheohar. 6.Dharmendra Baitha, son of Mantun Baitha, R/O Village-Sheohar, P.S, Sheohar, District-Sheohar. 7.Jai Prakash Pandey, son of Siyaram Pandey, R/O of Village-Umedh Chapra, P.S. Siyarampur Batha, Dist-Sheohar. 8.Raghunath Shah,son of Janki Shah, resident of village- Mahauriya, P.S.Town P.S.Sheohar, Dist-Sheohar. 9.Ram Bilash Mandal, son of Ram Briksha Mandal, resident of Village-Ladaura,P.S.District-Muzaffarpur. 10.Jagdeesh Paswan, son of Panchu Paswan, resident of Village- Barharwa, P.S.Dumra, Dist-Sitamarhi. 11. Smt.Anandi Jha, wife of Surendra Jha, R/O village-Dumra P.S.Siyampur, Bhatha, Dist-Sheohar…………petitioners. Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Sheohar. 3. The Civil Surgeon-Cum-Chief Medical Officer, Sheohar. 4. The Secretary, Health and Family Welfare Department, Bihar, Patna……………Respondents. ----------- For petitioners:-Sri Y.V.Giri, Sr.Adv Sri Paras Mani, Adv Sri Manoj Kumar, Adv Sharad Kumar Sinha, Adv For State:- Mr.Anil Kumar Jha, G.A-9. ----------- 2/ 18-Nov-08 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners applied for Class-IV posts in various departments of the State Government situated in the District of Sheohar, 2 pursuant to advertisement issued under the authority of the District Magistrate,Sheohar. It is not in dispute that petitioners along with some others were selected by the competent Committee headed by the District Magistrate,Sheohar. On being selected the petitioners and others were directed to go through the medical test etc. and after verification of their papers they were permitted to join in the District Nazarat at Sheohar and thereafter by order contained in Annexure-5 dated 20.11.2006 the selected and appointed Class-IV employees including the petitioners were posted to different offices as per vacancy position available with the District Magistrate. Unfortunately, the petitioners were posted in the office of Civil Surgeon-Cum-Chief Medical Officer, Sheohar who raised a dispute that he being competent authority, the appointment of petitioners is not valid. On that account he did not accept the joining of the petitioners and returned their services to the Collectorate at Sheohar leading to disruption of payment of their salary. The materials on record show that the present dispute has arisen on account of 3 misunderstanding of legal position on the part of Civil Surgeon-Cum-Chief Medical Officer and District Magistrate. The legal position is clear that the Committee under the District Magistrate will make selection and as per recommendations of the Committee, selected candidates will be appointed in the various departments. This procedure is laid down in the circular letter of the State Government bearing no. 1641 dated 3.12.1980 issued by the Personnel and Administrative Reforms Department. All that was required of the Civil Surgeon-Cum-Chief Medical Officer, Sheohar was to issue a formal letter of appointment in token of the fact that he is the formal appointing authority. In stead of adopting that procedure, he has adopted a course of action which has caused unnecessary loss and harassment to the petitioners. It is not in dispute that others who were similarly selected and appointed and posted to other offices in the District have been working and are getting their due salary. It is not the fault of the petitioners that they were sent to the office of Civil Surgeon-Cum-Chief Medical Officer, Sheohar after selection. The 4 District Magistrate, Sheohar has clarified that he acted as per vacancy position communicated to him by the concerned departments including the Civil Surgeon-Cum-Chief Medical Officer, Sheohar. The responsibility of observing rules of selection and recommendation for appointment in the present case is that of District Magistrate, Sheohar and hence the Civil Surgeon- Cum-Chief Medical Officer had no lawful justification to refuse the services of the petitioners and send them back to the Collectorate at Saharsa. In the aforesaid facts and circumstances, the writ petition is allowed. The Civil Surgeon-Cum-Chief Medical Officer, Respondent no.3 is directed to complete the formalities so as to treat the petitioners as validly appointed Class-IV employees on the vacancies available under him on the basis of selection made by the competent Committee headed by District Magistrate, Sheohar. They will be deemed to have been appointed on the date they were sent to Respondent No.3 on the basis of posting vide Annexure-5. So far as the arrears of salary of petitioners is concerned, they will 5 be entitled to 50 per cent of the lawful arrears because although they have not worked, it is the case of the petitioners that they were available to work but were prevented from working due to the dispute noticed above raised by the Respondent No.3. Although the actual payment will be only of 50 per cent of due salary but notionally petitioners will be treated to have received their salary since the date of their appointment. Regular salary and the dues of arrears must be made available to the petitioners without any delay and in any case within three months from today. Let a copy of this order be given to G.A-2. for communication and compliance. perwez (Shiva Kirti Singh, J.)