IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 1393 of 2010 1. SHAILENDRA KUMAR UPADHAYA S/O SRI VISHWANATH UPADHAYA R/O VIKRAMPUR, P.O.- KARNPURA, P.S.- MARAURA, DISTT.- SARAN AT CHAPRA 2. MD. NEHAL S/O MD. ABDUL RAJJAK R/O VILL.- BAKAHI, P.O.- BANAHI, P.S.- BANAHI, DISTT.- BHOJPUR Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HEALTH DEPARTMENT, BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF HEALTH SERVICES, BIHAR, PATNA 4. THE CIVIL SURGEON - CUM - CHIEF MEDICAL OFFICER PATNA 5. THE INCHARGE MEDICAL OFFICER PRIMARY HEALTH CENTRE, PANDARAK, DISTT.- PATNA 6. THE INCHARGE MEDICAL OFFICER PRIMARY HEALTH CENTRE, PANDARAK, DISTT.- PATNA ----------- 2 29.06.2010 The two petitioners were terminated by the Civil Surgeon – cum- Chief Medical Officer, Patna in the year, 2003. They have now filed writ petition without preferring statutory remedy as was available to them. They plead that they must be given similar treatment as similar other employees who were similarly terminated all over the State. I am afraid, the same cannot be done inasmuch as those matters were considered by this Court and by Division Bench and orders had been issued in respect thereof to constitute a Committee and scrutinise their appointment and take necessary action. Petitioners were not one of them. It is, therefore, not possible to apply those orders to the petitioners especially after seven years. Petitioners, if they file statutory appeal, the same may be considered on merits after considering delay sympathetically and should be disposed of as soon as possible preferably within a period of six months. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh) 2