IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.116 of 2008 In (CIVIL WRIT JURISDICTION CASE 13310/2000) Sanjay Kumar, son of Late Ram Narayan Bhandari, resident of village-Bodai, P.S.-Lakhnaur, District-Madhubani (Petitioner in the Writ Petition) ….. Appellant Versus 01. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna 02. The Commissioner-Cum-Secretary, Department of Health Services, Health Education and Family Welfare, Govt. of Bihar, Patna 03. The Director-in-Chief, Department of Health Services, Health Education and Family Welfare, Govt. of Bihar, Patna 04. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani 05. The Medical Officer, Primary Health Centre (Health Medical Education and Family Welfare Department, Government of Bihar) Ghoghardiha, P.S.-Ghoghardiha, District-Madhubani (Respondents in the Writ Petition) ….. Respondents For the Petitioner:- Mr. Teg Badahur Singh, Sr. Adv. For the Respondents:- Mr. Kumar Kaushik, AC to GP-11 ------------------------------- 05. 28.09.2011 The present L.P.A. is filed against the order dated 20.12.2007 passed in C.W.J.C. No.13310 of 2000 wherein the petitioner has sought to quash Annexure-17 issued by respondent no. 4 vide Memo No. 2173 dated 19.9.2000. The main submission of the learned senior counsel before the learned Single Judge was that termination of the appellant is illegal and he has not paid salary for the period from 2.9.1997 to 19.9.2000. But however the learned Single Judge 2 has refused to interfere with the writ petition and accordingly the present L.P.A. is filed. Learned senior counsel has contended before us that his services was terminated vide order at Annexure-17 which is illegal. It has further been contended that although he was a temporary employee but his salary from 2.9.1997 to 19.9.2000 has not been paid to him. However in view of the fact that he was worked only as a temporary employee, we are of the opinion that the appellant cannot have a vested right to say that he should be taken back in the services. However in view of submission made by the learned Senior counsel, we are of the opinion that a direction can be issued to Civil Surgeon-Cum-Chief Medical Officer, Madhubani (respondent no.4) to verify the records and if the appellant has actually worked for the period 2.9.1997 to 19.9.2000 the payment of salary for the aforesaid period must be made to him as per Rules. With the above observation this L.P.A. stands disposed off. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)