IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 16854 of 2009 Chandrashekhar Prasad, son of Pahlu Sao, resident of village – Ralabigha, P.O. – Kaswan, P.S. – Parasbigha in the district of Jehanabad ……………….. Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna 2. The Director-in-Chief, Health Department, Government of Bihar, Patna 3. The Regional Deputy Director, Health Services, Magadh Division, Gaya 4. The Civil Surgeon-cum-Chief Medical Officer, Jehanabad 5. The Civil Surgeon-cum-Chief Medical Officer, Arwal. 6. The Incharge Medical Officer, Primary Health Centre, Ratni Faridpur in the district of Jehanabad …………….. Respondents ---------------------------------- 03. 29.08.2011 Heard learned counsel for the petitioner and the counsel appearing for the State. This application has been filed by the petitioner for a direction to the Respondents to make payment of salary for the period 12.06.2003 to 27.09.2007. Petitioner during this period had been terminated from his service and subsequently he was reinstated and joined with effect from 27.09.2007. Petitioner was appointed on the post of Darban in Lady Algen Janana Hospital, Gaya vide order contained in Memo No. 11, dated 24.04.1987. He was transferred to Leprosy Control Unit, Jehanabad vide the order issued by the Regional Deputy Director, Health Service, Magadh Division, 2 Gaya. He was given time-bound-promotion. Petitioner along with other Class-IV employees was making demand for promotion to Class-III employees, considering their matriculation qualification. Finally, he was granted promotion to the post of Clerk and posted against the sanctioned vacant post at Additional Primary Health Centre, Pandaul, Kurtha. The promotion granted to Class-III post from Class-IV post was made subject to enquiry and the DDC, Jehanabad was appointed as Enquiry Officer. The report was submitted. Petitioner continued on this post. However, the Civil Surgeon-cum-Chief Medical Officer, Jehanabad, vide letter dated 11.10.2000, issued show-cause-notice to the petitioner. That was an enquiry, being conducted with regard to the validity of the petitioner’s appointment. The petitioner submitted his show-cause, but his show-cause was not found satisfactory and vide order dated 731, dated 12.06.2003, issued under the signature of Civil Surgeon-cum-Chief Medical Officer, Jehanabad, whereby the petitioner was terminated from his service on the ground that at the time of his appointment on the post of Peon, the letter no. 16441, dated 03.12.1980, issued from the 3 Department of Personnel and Administrative Reforms, Government of Bihar was not followed, advertisement was not made, Interview had not been done. The appointment was made without adhering to the Rules of appointment, formulated by Personnel and Administrative Reforms Department, Government of Bihar. This order was challenged by the petitioner in C.W.J.C. No. 7830 of 2003, which was heard analogous with several other Writ Applications. The termination order was quashed. The State Government moved in LPA, which was also heard along with several Writ Applications and LPAs, and finally a direction was issued to the State Government to constitute a Five-Men-Committee to enquire each and every case of the employees. The petitioner’s appointment was found to be irregular. The Director- in-Chief, Health Services issued an order dated 20.09.2007, contained in Memo No. 1117(4), whereby services of petitioner and other similarly situated employees was regularized. Petitioner gave his joining. His grievance is that arrear of salary for the period 12.06.2003 to 27.09.2007 has not been paid to him on the ground that reinstatement order was a conditional order. Accordingly, he is not entitled 4 for his arrears of salary on account of “no work no pay”. Counsel for the petitioner submits that this can not be made applicable in his case for the reason that petitioner though willing to discharge his duties, was restrained from attending his office on account of an illegal termination order. This termination order had finally been quashed by the High Court. The Director himself on account of quashing of termination order has issued an order of reinstatement. Since termination order was held to be illegal, there is no reason for not making payment of arrears of salary. The policy relating to “no work no pay” can be made applicable in such cases, where the Government employee for his own reason refuses to attend his work place and discharge his duties. Petitioner’s case is contrary to that, despite his willingness, he was not allowed to work on account of illegal termination order, and on account of its being set aside, his entitlement is very much there for arrears of salary. Counter Affidavit filed on behalf of the State is solely on this point that the reinstatement order, being a conditional order, and petitioner having not worked for this period, he is not entitled for his 5 salary. I do not find that the reason shown for non- payment of arrears of salary to the petitioner can be considered to be legal order. Accordingly, the Respondent No. 4, Civil Surgeon-cum-Chief Medical Officer, Jehanabad is directed to make payment of arrears of salary to the petitioner for the period 12.06.2003 to 27.09.2007. Payment order must be issued by the concerned respondent within eight weeks from the date of production / communication of this order. SKM (Mridula Mishra, J.)