IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17813 of 2009 1. VIMAL KUMAR YADAV S/O SUBALAL YADAV R/O VILL.- JUBADI, POST- DHAMAURA, P.S.- BABU BARHI, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HEALTH & FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 2. THE DIRECTOR-IN-CHIEF HEALTH SERVICE, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY DIRECTOR HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA 4. THE REGIONAL DEPUTY DIRECTOR HEALTH SERVICES, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA 5. THE ADDITIONAL DIRECTOR HEALTH SERVICE (ADMINISTRATION), GOVERNMENT OF BIHAR, PATNA 6. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER MADHUBANI 7. THE INCHARGE MEDICAL OFFICER PRIMARY HEALTH CENTRE, GHOGHARDIHA, MADHUBANI ----------- 02/ 16.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s case is that he was appointed by the Civil Surgeon –cum- Chief Medical Officer, Madhubani on the post of Basic Health Worker vide order contained in Memo No. 1476 dated 27.7.1990. Thereafter, he was transferred from one place to another and continued to discharge his duties. Finally, vide order dated 19.12.2002 contained in Memo NO. 95 (confidential) passed by the Incharge Medical Officer, Primary Health Centre, Ghoghardiha, Madhubani, he was terminated from the post of Basic Health Worker. From perusal of the pleadings, it is obvious that since the date of the issuance of termination order, petitioner - 2 - never challenged it by filing any application before any of the forums. For the first time, after 9 years he has filed this writ application, even an opportunity, which was allowed to the petitioner by the judgment and order passed in L.P.A. No. 946 of 2003, was not availed by him. In L.P.A. N. 946 of 2003 an opportunity was given to all such persons, who were terminated in the similar manner, even though they had not filed any writ application, for challenging the order of termination. Since, this opportunity was also not availed by the petitioner, the relief prayed by the petitioner, with the passage of the time, has become time barred, and not maintainable. This application is dismissed as not maintainable. DKS/ (Mridula Mishra, J.)