IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11605 of 2009 RAKESH PRASAD VERMA, Son of Late Kanhaiya Prasad Verma, resident of village – Bhapatpura, P.S. Mairwa, District – Siwan at present resident of Mohalla – Friends Colony, Road No. 2, P.S. Rajeev Nagar, District – Patna. ….. Petitioner. Versus 1. THE DIRECTOR (INDIGENOUS), DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 2. The Deputy Director (Homoeopathic), Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna. 3. Director Indigenous Medical Officer, District Combined Hospital, Siwan. 4. The Section Officer, Indigenous Medicine Section, Department of Health, Medical Education, Govt. of Bihar, Patna. 5. The Office Assistant (Dealing Assistant concerned), , Indigenous Medicine Section, Department of Health, Medical Education, Govt. of Bihar, Patna. 6. The Despatcher (Biptra Lipic) or Direction (Indigenous) Patna, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna at present posted at Ranchi, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand, Ranchi. 7. The State of Bihar. ………… Respondents. ----------- 02/ 6.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Earlier petitioner had come before this Court and filed C.W.J.C. No. 3311 of 2000 which was disposed of by order dated 6.1.2006 directing the Director (Indigenous), Department of Health, Medical Education and Family Welfare, Govt. of Bihar to examine the claim of petitioner in the light of so called appointment letter contained in Memo No. 496 dated 5.7.1993. It was also directed that in case the appointment letter is found to be valid he will direct for appointment of the petitioner with retrospective effect. - 2 - Subsequent to the disposal of the writ application an enquiry was conducted and final order has been passed rejecting the claim of the petitioner. The so called appointment letter, which the petitioner is claiming to have been issued in his favour was not found to be a genuine one, as such the matter came to an end. However, the petitioner has again renewed his similar prayer for regularization against the same post for which he claims that earlier appointment letter was issued in the year 1993. He has also claimed his arrears of salary right from 1993. The claim made by the petitioner when properly been examined by the competent authority looking into all relevant records and it has been found that at no point of time any such letter was issued in favour of the petitioner, now there is nothing to be considered by this Court. Secondly, I find that in case any such appointment letter would have been issued in favour of the petitioner in the year 1993 there was no reason for him to maintain silence for seven years and agitate this matter before this Court. In case of the issuance of appointment letter, proper action on the part of the petitioner would have been to come and give joining. Petitioner never joined, neither he raised - 3 - any objection. I find that this belated claim made by the petitioner, on the face of the enquiry report and the order passed by the Director has no merit. This application is dismissed. DKS/ (Mridula Mishra, J.)