IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7096 of 2006 Sudhanshu Kumar, son of Late Sukhdeo Mandal, resident of Village Khaira, Police Station Haveli Kharagpur, Post Office Khaire, District Munger. -------- Petitioner Versus 1. The State of Bihar through the Secretary, Department of Health, Government of Bihar, Patna. 2. The Director-in-Chief, Health Services, Bihar, Patna. 3. The Assistant Director, Health Services (Fileria Control), Bihar, Patna. 4. The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna. 5. The Joint Secretary, Department of personnel and Administrative Reforms, Government of Bihar, Patna. 6. The Collector, Munger. 7. The Civil Surgeon, Munger. 8. The Fileria Control Officer, Fileria Control Unit, Munger. ---------- Respondents With CWJC No. 7142 of 2006 Ganesh Ram, son of late Jagdish Ram, Resident of Mohalla Lallu Pokhar, Argara Road, Police Station Kasim Bazar, P.O. Munger, District Munger. --------- Petitioner Versus 1. The State of Bihar through the Secretary, Department of Health, Government of Bihar, Patna. 2. The Director-in-Chief, Health Services, Bihar, Patna. 3. The Assistant Director, Health Services (Fileria Control), Bihar, Patna. 4. The Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna. 5. The Joint Secretary, Department of personnel and Administrative Reforms, Government of Bihar, Patna. 6. The Collector, Munger. 7. The Civil Surgeon, Munger. 8. The Fileria Control Officer, Fileria Control Unit, Munger. ---------- Respondents ----------- For the Petitioners :- Mr. Harshwardhan Sahay, Adv. For the State; In case of CWJC No. 7096/2006 :- In case of CWJC No. 7142/2006 :- Mr. D.B. Singh, Adv. Mr. Chhote Lal Mishra, Adv. ----------- 5 24.6.2011 Having heard learned counsel for the parties in the both the cases and taking into 2 account that the issue now gets whittled down only as with regard to the regularization of the period of service of the petitioners between 8.5.2006 to 26.1.2007, this Court would hold that once the authorities of the State Government had come to a finding that there was no error in the earlier order of appointment made on compassionate ground and eventually on 22.1.2007 an order was passed rescinding the earlier order of removal of the petitioners from service on the ground of his compassionate appointment to be bad, the authorities will be now required to regularize the period of break in service of the petitioners. It is said that such issue is pending for a final decision before Director- in-Chief of the Health Services and, therefore, this Court would expect that the Director-in-Chief of the Health Services shall take his appropriate decision keeping in view that the petitioners’ appointment on compassionate ground made on 22.7.1996 and 31.5.1996 respectively was not found to be bad in any respect and in fact the order of 3 termination of their service dated 8.5.1996 only on account of their being no recommendation of the District Compassionate Appointment Committee was also found to be ultimately incorrect leading to passing of the order dated 22.1.2007 for reinstatement of the petitioners in service. In such view of the matter, the Director-in-Chief of the Health Services must pass his consequential formal order of regularizing the services of the petitioners for the period 8.5.2006 to 26.1.2007 within a time limit of three months from the date of receipt/production of a copy of this order. It is, however, made clear that the petitioners will not be entitled for payment of any salary for the interregnum period on the celebrated principle of ‘no work no pay’. With the aforementioned observations, both of these applications are disposed of. Rsh (Mihir Kumar Jha, J.)