IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1209 of 2004 In (CIVIL WRIT JURISDICTION CASE 8842/1999) 01. Dilip Kumar, son of Sri Baidnath Sah, resident of village- Pandaul, P.S.-Pandaul, District-Madhubani at present posted as Clerk at Primary Health Centre, Bisfi, District- Madhubani 02. Bijay Kumar, Son of Late Kapileshwar Prasad, resident of village-Sandhwara, P.S.-Mashrakh, District-Saran at Chapra at present posted as Clerk at Primary Health Centre, Bisfi, District-Madhubani 03. Sanjit Kumar Choudhary, Son of Sri Raghubanshi Choudhary, resident of village- Mishrauli, P.S.-Simri, District-Darbhanga at present posted as Clerk at Primary Health Centre, Bisfi, District-Madhubani ….. Petitioners-Appellants Versus 01. The State Of Bihar 02. The Health Commissioner, Govt. of Bihar, New Secretariat, Patna-1 03. The Director-In-Chief, Health Services, Govt. of Bihar, New Secretariat, Patna-1 04. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani 05. The In-charge Medical Officer, Primary Health Centre, Bisfi, District-Madhubani ….. Respondents-Respondents For the Appellants:- Mr. C.M. Chaurasia, Advocate For the State:- Mr. Piyush Lall, A.C. to A.A.G.-1 ---------------------------------- 09. 29.09.2011 The present Appeal has been filed against the order dated 6.10.2004 passed in C.W.J.C. No. 8842 of 1999, seeking relief for payment of salary for the period they worked and also to transfer them a place where vacant posts are available. Learned Single Judge having heard the matter on merits has dismissed the writ petition on the ground that the appellants have approached this 2 Court merely after nine years. Learned counsel for the appellants has contended before us that the appellants are still working even till today in view of interim order passed by this Court, but the salary has not been paid to them for the posts they worked and they filed the writ petition for such cause. It cannot be said that as there was delay of nine years in approaching the Court the appellants are not entitled for payment of salary for wrong continuous service. We also had an occasion to go through the counter affidavit filed by the official respondents in the writ petition. In the counter affidavit it is stated that issuance of appointment letter was forged, but however the counter affidavit is silent with reference to conducting any enquiry. Before coming to such conclusion, whether the appointment letters were forged. There is no material placed before us by the respondents to substantiate such statement made in the counter affidavit to the effect that detail enquiry has been conduct. In absence of such enquiry being conducted, we have to observe that the statement of the respondents in counter affidavit that the appointment letters are forged, has no substance and it has to be rejected. It has been vehemently 3 contended by the learned counsel for the appellants that the appellants are still working on their respective posts since many years, but however there was no payment of salary for the period they worked. Under the above circumstances, we are of the opinion that it would suffice, if a direction is issued to the respondents to effect payment of salary to the appellants for the period they worked and such payment of salary shall be continued as they are still working till today, but we are not inclined to entertain the prayer that they should be transferred to the vacant posts. With the above observation this L.P.A. stands disposed off. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)