CIVIL WRIT JURISDICTION CASE No.5211 OF 1996 In the matter of an application under Article 226 of the Constitution of India. INDU DEVI Widow of Late Nagendra Nath Tiwary, resident of Tiwaripur, P.O. Dahiwar, District- Buxar ---------- Petitioner Versus 1. THE STATE OF BIHAR. 2. The Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 3. Additional Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna. 4. The Director, Deshi Chikitsa, Govt. of Bihar, Patna. 5. The Principal, Government Dhanwantri Ayurvedic College, Ahirauli at Buxar. ----------- Respondents. For The Petitioner : Mr. Naresh Dikshit, Advocate Mr. Kunal Tiwary, Advocate For the State : Mr. Debanjan Choudhary, J.C. to S.C. III P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan,J. The petitioner is a widow of Nagendra Nath Tiwary. Late Nagendra Nath Tiwary was working as a “Nirman Sahayak”in Dhanwantri Ayurvedic College (hereinafter referred to as the College), Ahirauli at Buxar since 1982. Nagendra Nath Tiwary died in 1989. Before his death the College was taken over by the State Government and under Clause- Gha of the Taking Over Act, it was provided that until the Screening Committee was - 2 - constituted to decide the fate of such employees working in the said College, the employees would be paid their salary. Nagendra Tiwary’s case was considered vide annexure-6 dated 13.5.1995 by the Screening Committee and his name finds place at Serial No. 23 along with other persons like him and there is a noting by the Screening Committee that since the post of “Nirman Sahayak”is not in the recommended list of the Central Council of India, Shri Tiwary was not entitled for absorption. Learned counsel for the petitioner refers to annexure-7 which is a gazette notification of the Health Department wherein some other persons namely Tarkeshwar Ojha who was working as a “Nirman Sahayak”has been absorbed by the Health Department. However, the petitioner’s wife is not praying for absorption of his services and her prayer is limited to payment for the period 1982 to 1989. This Court finds that as per Clause-Gha of annexure-5 which - 3 - is the extract of the Taking Over Act, the petitioner’s husband would be entitled for payment of salary till such time as his case was considered by the Screening Committee. Admittedly the case of the petitioner was considered and rejected in the year 1995 and as such the petitioner’s husband would naturally be entitled to payment of salary till 1995 or in this case till the date of death. Learned counsel submits that the Court ought to take into consideration that persons holding a similar post have been absorbed. However, that would not be very relevant in view of the fact that the petitioner’s husband died in 1989 and also in view of the fact that the person who was absorbed was appointed earlier in time and as such there could have been different considerations for absorbing him. I accordingly direct the respondent no. 2 to pay salary of Nagendra Nath Tiwary to the petitioner who is his wife for the period to which he would be - 4 - entitled i.e. 1982 to 1989 within a period of four months from the date of receipt/production of a copy of this order. I make it clear that the Director would be free to verify the facts with respect to the date of appointment and calculate the salary to be paid accordingly. This writ application is allowed with the aforesaid diretions. Patna High Court 11th November, 2008 Sanjay/N.A.F.R. (Sheema Ali Khan, J.)