IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9095 of 2007 NARENDRA SINGH s/o late Baleshwar Singh, resident of village- Sultanpur(East),P.O.- Sultanpur (East), P.S.- Mohiuddin Nagar, District- Samastipur, Clerk, Anugrah Narayan Magadh Medical College Hospital, Gaya. Versus 1. THE STATE OF BIHAR. 2. The Health Commissioner, Health and Family Welfare Department, Government, Government of Bihar, Patna. 3. The Deputy Secretary, Health and Family Welfare Department, Government, Government of Bihar, Patna. 4. The Director-in-Chief, Health Services, Patna. 5. The Superintendent Anugrah Narayan Magadh Medical College Hospital, Gaya. with CWJC No.7148 of 2007 PRAMOD KUMAR SINGH s/o late Bishun Singh, resident of village- Sultanpur, Middle , P.S. Mohiuddinagar, District- Samastipur. Versus 1. THE STATE OF BIHAR . 2. The Commissioner Cum Secretary, Health and Family Welfare Department, Government, Government of Bihar, Patna. 3. The Deputy Secretary, Health and Family Welfare Department, Government, Government of Bihar, Patna. 4. The Director-in-Chief, Health and Family Welfare Department, Govt. of Bihar, Patna. 5. The Superintendent, Anugrah Narayan Magadh Medical College Hospital, Gaya. ----------- 3 16.5.2011 By this order, C.W.J.C. No. 9095 of 2007, filed by Nagendra Singh and C.W.J.C.No.7148 of 2007, filed by Pramod Kumar Singh, are being disposed of . These two petitioners are aggrieved by the order of termination of their services by the State pursuant to audit objection, as raised by the Accountant General, in its report no. 293/2005-06. It is clear that pursuant to the aforesaid objection, several persons ( nine in - 2 - all) were noticed and their services were directed to be terminated. Out of which three were allowed to continue and six were ultimately terminated. One of them from the list itself, Jitendra Prasad Singh had came to this Court in C.W.J.C.No.7049 of 2007, which was heard and allowed by this Court on 22.4.2011, the order whereof has been brought on record as Annexure 26 to the interlocutory application. The facts are not in dispute. While disposing of the writ petition, this Court noted that these two petitioners were regularized in 1989. Regularization pre supposes and pre existence irregularity in appointment, State did not dispute that, in fact, they had been regularized but that information was not disclosed to the Accountant General. The Accountant General fairly conceded that disclosure being made they would not have sent the recommendation at all or raised any objection. That writ petition was accordingly allowed and the order terminating the petitioner’s services therein was set aside but as the order was of several years back and the petitioner had been out of service , it was directed that the petitioner would be entitled to only 50% of the remuneration for the period as between the termination till they are reinstated with full continuity in service. The basis of the order is actually the same. I have no option but to follow the same so far as these two petitioners are concerned. I accordingly set aside the impugned order, as contained in Annexure 1with consequential order dated 25th April, 2007, as contained in Annexure 2 and maintaining the parity that they would be paid 50% remuneration for the period they are out of service but will be granted - 3 - full continuity in service. The writ petitions are thus disposed of. The petitioners’ joining in Anugrah Narayan Magadh Medical College Hospital, Gaya would be accepted on production of a copy of this order. singh (Navaniti Prasad Singh,J)