IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9504 of 2009 USHA KUMARI, D/O SRI RAM KESHWAR MAHTO, R/O VILLAGE-KUTLUPUR, P.S.-NAGARNAUSA, DISTRICT- NALANDA. …………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF HEALTH, BIHAR, PATNA. 3. DEPUTY DIRECTOR, HEALTH SERVICES (TRAINING), BIHAR, PATNA. 4. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, NALANDA. 5. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, PURNEA. 6. INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, CHANDI, NALANDA. ………………RESPONDENTS. With CWJC No.9895 of 2009 RUKMINI DEVI, W/O SRI GANGA PRASAD, R/O KEWAI, P.S.-NOORSARAI, DISTRICT-NALANDA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF HEALTH, BIHAR, PATNA. 3. DEPUTY DIRECTOR, HEALTH SERVICES (TRAINING), BIHAR, PATNA. 4. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, NALANDA. 5. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, BHOJPUR, ARA. 6. INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, CHANDI, NALANDA. ………………RESPONDENTS. With CWJC No.9896 of 2009 SAROJANI KUMARI, W/O SRI ARBIND KUMAR CHOUDHARY, R/O VILLAGE-GUNJARCHAK, P.S.- CHANDI, DISTRICT-NALANDA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF HEALTH, BIHAR, PATNA. 3. DEPUTY DIRECTOR, HEALTH SERVICES (TRAINING), BIHAR, PATNA. 4. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, NALANDA. 5. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, GAYA. 6. INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, THARTHARI (CHANDI), NALANDA. ………………RESPONDENTS. 2 With CWJC No.9898 of 2009 1. RANJU KUMARI, W/O SRI SITARAM SINGH, R/O VILLAGE-BISHUNPUR, P.S.-CHANDI, DISTRICT- NALANDA. 2. SUSHILA KUMARI, W/O SRI MAHESH SINGH, R/O VILLAGE-KHARSURIA, P.S.-NAGARNAUSA, DISTRICT- NALANDA. 3. PUSHPA DEVI, W/O SRI BIRENDRA PRASAD, R/O NAYA BIGHA, P.S.-NAGARNAUSA, DISTRICT- NALANDA. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. SECRETARY-CUM-COMMISSIONER, DEPARTMENT OF HEALTH, BIHAR, PATNA. 3. DEPUTY DIRECTOR, HEALTH SERVICES (TRAINING), BIHAR, PATNA. 4. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, NALANDA. 5. IN CHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, NAGARNAUSA, NALANDA. 6. INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, CHANDI, NALANDA. 7. INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, THARTHARI (CHANDI), NALANDA. ………………RESPONDENTS. With CWJC No.9900 of 2009 GAYATRI DEVI, W/O KAMLESH PRASAD, R/O VILLAGE-DOIYA, P.S.-NOORSARAI, DISTRICT- NALANDA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY-CUM- COMMISSIONER, DEPARTMENT OF HEALTH, BIHAR, PATNA. 2. DEPUTY DIRECTOR, HEALTH SERVICES (TRAINING), BIHAR, PATNA. 3. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, NALANDA. 4. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, SINGHBHUM STATE OF JHARKHAND. 5. INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, CHANDI, NALANDA. 6. INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, PORAIYA HAT BLOCK, GODDA STATE OF JHARKHAND. ………………RESPONDENTS. ----------- 4 31.08.2010 Out of the 5 cases, in the first case 3 counter affidavit has been filed stating that, on enquiry, the appointment of the petitioner has been found to be valid. In the last case counter affidavit has been filed to the effect that the petitioner’s appointment has been found to be valid and her entire arrears of salary have been ordered to be paid to her. In the rest of the 3 cases, no counter affidavit has been filed as yet. However, learned senior counsel appearing for the petitioners submits that the enquiry was common in respect of all the petitioners and the same has been completed and report has been submitted. As per his submission, the appointments of other petitioners have also been found to be valid. If that is the position all the petitioners are entitled for salary, arrears as well as current. Since in the three cases counter affidavits have not been filed, this Court directs the respondents to find out from the report as to whether their services have been found to be valid or not. In case, their services have also been found valid then the respondents shall pass specific orders for 4 payment of their arrears of salary and resume payment of current salary, as admittedly petitioners are still in service. The respondents shall ensure payment of arrears of their salary preferably within a period of three months from the date of receipt/production of a copy of this order. With the above observations and directions, all the writ applications are disposed of. Arvind/ ( J. N. Singh, J.)