IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2589 of 2007 KRISHNA MOHAN, S/O LATE GOPAL SAH, R/O VILLAGE GANGA SAGAR CHOWK, STATION MOHALLA,P.S MADHUBANI, DISTRICT MADHUBANI. …………………Petitioner. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8101 of 2007 SHATRUGHAN PRASAD SINHA, S/O SRI LAXMI YADAV, R/O VILLAGE BHAGAUTI, P.O. KHAIRIBANKA, DISTRICT MADHUBANI. …………………Petitioner. VERSUS. 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8102 of 2007 KAUSHAL KISHORE RAI, S/O SRI SHIV SHANKAR RAI, R/O VILLAGE KISANPUR, POST OFFICE WARISNAGAR, DISTRICT SAMASTIPUR. …………………Petitioner. 2 VERSUS. 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8103 of 2007 SURESH PRASAD SUMAN, S/O SRI JAGESHWAR NARAIN YADAV, R/O VILLAGE POARI POST OFFICE KHAIRIBANKA, DISTRICT MADHUBANI. …………………Petitioner. VERSUS. 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8104 of 2007 MITHILESH MISHRA, S/O SRI GAURI SHANKAR MISHRA, R/O VILLAGE SIKARHATTA, POST OFFICE SOHANPUR, DISTRICT DEORIA. …………………Petitioner. VERSUS. 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 3 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8105 of 2007 SURYA NARANYAN PRASAD, S/O SIR JAI NARAIN PRASAD, R/O VILLAGE MALANGIA, P.O. MALANGIA, DISTRICT MADHUBANI. …………………Petitioner. VERSUS. 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8181 of 2007 RABINDRA KUMAR, S/O SRI LAL BABU YADAV, R/O VILLAE POARI P.S.KHAIRIBANKA, DISTRICT MADHUBANI. …………………Petitioner. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 4 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8182 of 2007 UMESH CHANDRA JHA, S/O SRI NARAYAN JHA, R/O VILLAGE SRIPURHATTI, P.O. SRIPURHATTI, DISTRICT MADHUBANI. …………………Petitioner. VERSUS. 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8285 of 2007 BHOGENDRA YADAV, S/O SRI GHUTAR YADAV, R/O VILLAGE KATAIYA, POST OFFICE, KATAIYA, DISTRICT MADHUBANI. …………………Petitioner. VERSUS. 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8215 of 2007 5 RAM NARAYAN YADAV, S/O HIRALAL YADAV, R/O VILLAGE KAMALPUR, POST OFFICE KHARAVAN, DISTRICT MADHUBANI. …………………Petitioner. VERSUS. 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8439 of 2007 LAXMAN KUMAR JHA, S/O LATE KRISHNA KANT JHA, R/O VILLAGE DHAMAURA, P.O. DHAMAURA, VIA BABUBARHI, DISTRICT MADHUBANI. …………………Petitioner. VERSUS. 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. with CWJC No.8696 of 2007 RAM KAILASH PRASAD, S/O SRI JAGESHWAR YADAV, R/O VILLAGE POARI, POLICE STATION KHAIRIBANKA, DISTRICT MADHUBANI. …………………Petitioner. VERSUS. 1.THE STATE OF BIHAR. 6 2.THE SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 3.THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4.COMMISSIONER, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 5.REGIONAL DEPUTY DIRECTOR OF HEALTH, DARBHANGA DIVISION,DARBHANGA. 6.CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………Respondents. ----------- 04/ 05.08.2011 Heard Mr. Ajay Chakraborty, learned counsel for the petitioner in all these cases and learned counsel for the State, Mr. Anil Kumar Upadhaya, S.C-20. The petitioners in all these cases claiming to be appointed and working on the post of Basic Health Worker in the district of Madhubani have moved this Court for payment of their arrears of salary. Mr. Chakraborty would submit that even when the petitioners' appointment have been subsequently cancelled by holding their appointment to be forged, they would still be entitled for payment of salary for the period from which the work was taken from them. Counsel for the State on the other hand would submit that there would be no 7 question of payment of salary to those whose appointment itself was found to be forged. He would further submit that in any event appointment of the petitioners being vitiated by fraud including forgery in their appointment letters would confer no right for claiming payment of salary as was held by the Full Bench of this Court in the case of Rita Mishra vs The State of Bihar and Ors, reported in 1987 PLJR 1042. In the considered opinion of this Court, these questions are not required to be examined at this stage as any adjudication on this issue may prejudice either party. Admittedly the services of the petitioners have been terminated on the ground that their appointment letter was forged. Such finding was arrived in view of the directions given in the Judgment by the Division Bench of this Court in the case of State of Bihar Vs. Purendra Solan Kit reported in 2006(3) PLJR 386 wherein the validity of all such appointment for the purposes of their regularization in service was to be gone into by a duly constituted five man committee of the State Government. 8 The five man committee of the Health Department had also looked into the service records of the petitioners and had recorded that their appointment letters were itself forged. The earlier order of termination of service of the petitioners or the later order of declaring their appointment to be forged has been made the subject matter of separate writ petitions and therefore the petitioners can definitely get the relief of payment of salary prayed here in once they would succeed in their pending writ petition pending before this Court assailing the order that their appointment was forged and their termination of service was illegal. Till it is done so the petitioner in view of the ratio of full Bench Judgment of this Court in Reeta Mishra's case (supra) would not be entitled for payment of salary of the period prior to their termination of service. In that view of the matter, this Court would hold that by efflux of time and subsequent events when the petitioners themselves have challenged their order of termination in a separate writ petitions, 9 their prayer for payment of salary of the earlier period would also be covered by the result of their pending writ petitions challenging their order of termination of service. With the aforementioned observation and direction, these applications are disposed of. Ranjan (Mihir Kumar Jha, J.)