IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.308 of 2010 1. RAVI KANT SHARMA S/O LATE VISHUNDEO SHARMA R/O VILL & P.O. BEDNA, P.S. BARH, DISTT. PATNA 2. RAMAKANT SHARMA S/O LATE SATO SINGH R/O VILL & P.O. RAILLY, P.S. PANDARAK, DISTT. PATNA 3. RAMANUJ SHARMA S/O LATE NUNU SINGH R/O VILL- RAILLY, P.S. PANDARAK, DISTT. PATNA 4. DINESH KUMAR RAY S/O SRI MADHUSUDHAN RAY R/O VILL- RUP NAGAR, P.O. SIMARIYA GHAT, P.S. BARAUNI, DISTT. BEGUSARAI 5. PRADUMAN KUMAR S/O LATE SHIVRAM SINGH R/O VILL & P.O. SHIVNAR, P.S. MOKAMA, DISTT. PATNA 6. SUDHIR KUMAR S/O LATE KAILASH SINGH R/O VILL- SUBNIMA, P.O. SUBNIMA, P.S. ATHAMAL GOLA, DISTT. PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPTT., BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF HEALTH AND FAMILY WELFARE DEPTT., BIHAR, PATNA 4. THE CHIEF MALARIYA OFFICER BIHAR, PATNA 5. THE DISTRICT MALARIYA OFFICER NAWADA With CWJC No.388 of 2010 1. SATYA NARAYAN SHUKLA KASHYAP S/O SRI YOGENDRA SINGH R/O VILL.- TARWAN, P.S.- GHOSI, DISTT.- JEHANABAD Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF HEALTH AND FAMILY WELFARE DEPARTMENT, BIHAR, PATNA 4. THE CHIEF MALARIYA OFFICER BIHAR, PATNA 5. THE DISTRICT MALARIYA OFFICER NAWADA ----------- 02/ 07.05.2010 Heard counsel for the petitioners and counsel appearing for the State. Petitioners’ prayer is for a direction to the respondents to allow the petitioners to join their post and make payment of salary. Petitioners’ claim is that they were appointed by - 2 - the Chief Malariya Officer, Patna in pursuance of the advertisement published for appointment of Class III and IV posts. On 8.8.1989 under the signature of Chief Malariya Officer appointment letter was issued in favour of the petitioners, they were posted in different districts, but their joining was not accepted in the districts, they were posted. Finally they gave joining in the office of the Chief Malariya Officer and continued till 2001. A news item published in the Aaj Hindi Dainik, disclosed that all appointments made, on or before 31.8.1989 by Ex-chief Malariya Officer, namely, Dr. Diwakar Narayan against Class III and IV posts were illegal. The petitioners, since 2001 are not discharging their duties, but it seems that they did not approach any authority, for accepting their joining, and allowing them to discharge their duties. Petitioners were never paid a single penny as salary, since the date of their joining, but they never made any complain to any one. The petitioners have now come out with a claim, that 5 Men Committee constituted in the light of the order passed in L.P.A. No. 946 of 2003, should have considered their case also, since it was not done, a - 3 - direction be issued to consider the genuineness and legality of their appointment. I find that the petitioners have not been able to make out a case in support of their appointment. There is nothing to show that they went to joined at their post which was not accepted, as such they joining in the office of Chief Malariya Officer. In support of this claim that they continued to discharge their duties till 2001 and restrained to discharge their duties, not a chit of paper has been produced by the petitioners. I do not find any merit in their cases. Both the writ applications are dismissed. DKS/ (Mridula Mishra, J.)