IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9487 of 2008 RAMDEO RAM, S/O LATE DEONATH RAM, R/O MOHALLA-KHILANGANJ, LANE NO.8, AT AND P.O.- SASARAM, DISTRICT-ROHTAS, AT PRESENT, HEALTH WORKER, HEALTH SUB-CENTRE, KARBANDIA, SASARAM BLOCK, DISTRICT-ROHTAS. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE HEALTH COMMISSIONER-CUM-SECRETARY TO GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, ROHTAS, AT AND P.O.-SASARAM, DISTRICT-ROHTAS. 5. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, ROHTAS, AT AND P.O.-SASARAM, DISTRICT-ROHTAS. 6. THE MEDICAL OFFICER IN-CHARGE, SASARAM BLOCK, DISTRICT-ROHTAS.……………RESPONDENTS. ----------- 3 22.07.2011 From Annexure-1 dated 16.09.1993, it appears that the petitioner, working as Male Ward Attendant in the Sadar Hosptial, Sasaram was posted on temporary basis as Dresser as he was found having qualification of trained Dresser since 1975. However, it was made clear in the order that till further orders, the petitioner shall draw his salary of Male Ward Attendant only. Petitioner’s grievance is that though he has continued on the post of Dresser and has superannuated from service with effect from 31.01.2009, the further orders were not passed for grant of pay 2 scale of Dresser to him. In this respect, learned counsel for the petitioner has referred to Annexure-7, a legal notice given to the respondents prior to superannuation of the petitioner, making that claim. Counter affidavit has been filed and it is stated in the counter affidavit that petitioner is getting the scale of Dresser since 01.01.1986. Obviously, this statement is misleading. If the petitioner was posted on the post of Basic Health Worker in 1993 he could not get the scale of Basic Health Worker prior to that. Learned counsel for the petitioner submits and the same may be correct as on the post of Male Ward Attendant itself petitioner was given first and second time bound promotions on account of which his salary became equal to the scale of the Dresser. But that does not disentitle the petitioner from getting the scale of Dresser from the date he was posted on the post of Dresser and then get time bound promotions etc. as may be admissible to him on the basis of such posting. 3 In the circumstances, this writ application is allowed. The respondents are directed to pas formal orders of grant of pay scale of the post of Dresser from the date petitioner was posted on the same by Annexure-1 and thereafter consider his case for grant of any other promotion etc. as he may be found entitled to till his date of superannuation. This exercise must be done and consequential orders for payment of admissible arrears of the petitioner must be passed within three months from the date of receipt/production of a copy of this order. Arvind/ ( J.N. Singh, J.)