IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.854 of 2008 1. GANESH TANTI @ GANESH PRASAD TANTI, SON OF LATE SAUDAGAR TANTI, RESIDENT OF VILLAGE SAROBAGH, POST OFFICE JAMALPUR, DISTRICT MUNGER, POSTED AS CLERK IN THE OFFICE OF REGIONAL DEPUTY DIRECTOR HEALTH SERVICE, MUNGER DIVISION, MUNGER. 2. DHARMENDRA PRASAD MANDAL, SON OF LATE RAM KISHUN PRASAD MANDAL, RESIDENT OF MOHALLA MADHAVPUR, POLICE STATION MUNGER, DISTRICT MUNGER, POSTED AS CLERK IN THE OFFICE OF THE ADDITIONAL CHIEF MEDICAL OFFICER, MUNGER. 3. CHANDRADEP PRASAD YADAV, SON OF LATE CHUNNILAL YADAV, RESIDENT OF VILLAGE + POST OFFICE SHANKERPUR POLICE STATION MUFFASIL, DISTRICT MUNGER, POSTED AS CLERK AT PRIMARY HEALTH CENTRE, TETIA BAMBER, POST OFFICE TETIA BAMBER, DISTRICT – MUNGER. 4. ARUN KUMAR PASWAN, SON OF LATE DHARWARI PASWAN, RESIDENT OF VILLAGE + P.O. – SHIVKUND, POLICE STATION DHARAHARA, DISTRICT MUNGER, POSTED AS CLERK IN THE OFFICE OF DISTRICT T.B. CENTRE, MUNGER. 5. INDRADEO DAS, SON OF LATE RAM PRASAD DAS, RESIDENT OF VILLAGE AMERA, POLICE STATION, THARTHARI, DISTRICT NALANDA, POSTED AS CLERK IN THE OFFICE OF THE ADDITIONAL CHIEF MEDICAL OFFICER, MUNGER. 6. KRISHNA RAUT @ KRISHNA RAWAT, SON OF CHOTTELAL RAUT, RESIDENT OF MOHALLA LALLU POKHAR, POLICE STATION KASHIM BAZAR, DISTRICT MUNGER, CLERK POSTED AT PRIMARY HEALTH CENTRE, SUNDERPUR (DHARHARA), DISTRICT MUNGER. 7. HARSHVARDHAN YADAV, SON OF SAHDEV YADAV, RESIDENT OF VILLAGE HARIDIABAD, POLICE STATION MUFFASIL, DISTRICT – MUNGER, CLERK IN THE OFFICE OF CIVIL SURGEON, MUNGER. 8. BINOD KUMAR, SON OF LATE DARIWARI PRASAD GUPTA, RESIDENT OF VILLAGE AJIMAGANJ, POST OFFICE GHATWARI, DISTRICT – MUNGER, COMPUTER (SANGANAK), POSTED AT PRIMARY HEALTH CENTRE, DHARHARA, MUNGER. 9. SURENDRA KUMAR MEHTA @ SURENDRA MEHTA, SON OF DHANIK LAL MEHTA, PRESENTLY RESIDING AT MOHALLA – CHHOTI KELABARI, OPPOSITE OF GOVERNMENT RESIDENCE, GOINKA DHARAMSHALA, POLICE STATION + POST OFFICE + DISTRICT MUNGER, PRESENTLY POSTED AS CLERK IN THE OFFICE OF SUPERINTENDENT SADAR HOSPITAL, MUNGER. …….. PETITIONERS. Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, HEALTH DEPARTMENT, BIHAR, PATNA SRI DEEPAK KUMAR 2. SRI ARVIND KUMAR SINGH, THE COMMISSIONER, MUNGER DIVISION, MUNGER (PROFORMA PARTY) - 2 - 3. SRI ARVIND KUMAR SINGH, THE DISTRICT MAGISTRATE, MUNGER (PROFORMA PARTY) 4. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR PATNA, SMT GEETA PRASAD 5. DR. PRAMOD KUMAR, THE DEPUTY SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA (PROFORMA PARTY) 6. AT PRESENT SRI KRISHNA CHANDRA SINGH, THE CIVIL SURGEON –CUM- CHIEF MEDICAL OFFICER, MUNGER, SRI BHOLA PRASAD SINHA 7. SRI KRISHNA CHANDRA SINGH, THE SUPERINTENDENT, SADAR HOSPITAL, MUNGER (PROFORMA PARTY) 8. DR. ABID HUSSAIN, THE ADDITIONAL CHIEF MEDICAL OFFICER, MUNGER (PROFORMA PARTY) 9. THE IN-CHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRES, NAMELY, L.B. SAHA, SANGRAMPUR, DR. L.B. GUPTA, TARAPAUR, ASARGANJ DR. DIWAKAR SINGH, DHARHERA DR. RAJ KUMAR MANDAL, TENTIA BAMBER DR. SUCHI PRASAD, SADAR PRAKHAND DR. NIRANJAN SINGH, LEPROSY CONTROL UNIT, MUNGER (PROFORMA PARTY). …………. CONTEMNERS/OPPOSITE PARTIES. ----------- 04/ 19.04.2010 There are nine petitioners, who have filed the application for initiating a proceeding of contempt, against the opposite parties, on account of non-compliance of the direction of this Court in C.W.J.C. No. No. 11709 of 2007. The writ application had been fled by the petitioners for quashing of order dated 28.7.2007 contained in Memo No. 2008, whereby the petitioners have been reverted to Class IV posts from the post of Class III, to which they had been given promotion. Show cause and supplementary show cause have been filed on behalf of Civil Surgeon, Munger, stating that in compliance of the direction, all petitioners have been - 3 - reinstated on promotional post of Class III. Out of nine petitioners, Ganesh Tanti @ Ganesh Prasad Tanti and Dharmendra Prasad Mandal, could not join on their post, since they already reached age of superannuation. They were allowed to superannuate and have been paid their pension and pensionary benefits by issuing orders. It has also been stated that the period, during which these two petitioners remained out of service on account of reversion order, have been treated as extra ordinary leave without pay and entry has been made in their service book. This period has been treated as “no work no pay” and arrears of salary have not been paid to them. Regarding other 7 petitioners, who are still in service, have been allowed to join their promotional posts. No specific averments have been made with regard to other seven petitioners, except that they have been allowed to join. Counsel for the petitioners submits that this may cause serious impact, so far services of these petitioners is concerned, subsequently, the opposite parties may say that the period will be treated as break in service. It cannot be done, as similar treatment has to be given to all the - 4 - petitioners, whose cases have been decided by the same order. This contempt proceeding is being dropped. The petitioners are given liberty to represent their cases before the authorities concerned, so far the period in between their reinstatement and the passing of the impugned order is concerned. In case representation is filed, it should be considered and disposed of by the opposite parties. The order passed on the representation is given liberty to the petitioners for challenging it. DKS/ (Mridula Mishra, J.)