IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.869 of 2008 Bharosha Sharma, Son of Late Baikunth Sharma, Resident of Village Tararhi, P.S. Naubatpur, District Patna ………………………………….Petitioner Versus 1. The State Of Bihar through Commissioner-cum- Secretary, Department of Health, Government of Bihar, Patna. 2. The Director, Health Services, Government of Bihar, Patna. 3. The Deputy Director, Health Services, Government of Bihar, Patna. 4. The Civil Surgeon-Cum-Chief Medical Officer, Patna. 5. The Additional Chief Medical Officer, Patna. 6. The District Treasury Officer, Patna Collectoriate Treasury Office, Patna. 7. The District Provident Fund Officer, Patna. 8. The Accountant General, Bihar, Bir-Chand Patel Path, Patna……………………………………Respondents ----------- For the Petitioner: Mr. Satish Chandra Mishra, Advocate. For the State: Mr. Anil Kumar, G.P.No.22 with Mr. Binod Kumar, A.C. to G.P.No.22 *** 2 31.08.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner has filed this writ application for a direction to the respondents to calculate his entire arrears of salary of the post of Cholera Supervisor in the pay-scale of Rs.4000-6000, as introduced with effect from 01.01.1996, with all increments and pay the same. He has also prayed that his pension as well as other retirement benefits may be calculated on the basis of said pay-scale of Cholera Supervisor and the arrears should be 2 paid accordingly. The case of the petitioner is that he was appointed as Special Cholera Worker on 27.02.1972, pursuant to which he joined on 10.03.1972. With effect from 10.03.1982, he was granted first time bound promotion in the scale. Thereafter, by order of the Additional Chief Medical Officer, Patna dated 24.05.1986 petitioner’s post was converted into Cholera Supervisor and he was posted on the same as such. By another order dated 02.11.1993, his services as Cholera Supervisor was confirmed. Holding the said post and performing his duties as Cholera Supervisor, he superannuated with effect from 31.05.2007. By grant of first time bound promotion, pay-scale of the petitioner had become equal to the pay-scale of Cholera Supervisor and no extra payment was required to be made to him for his promotion and posting as Cholera Supervisor till 1.1.1996. However, as a result of implementation of report of 5th Pay Revision Committee, pay-scale of Cholera Supervisor was increased and made higher to the pay-scale of Special Cholera Worker. As such, orders were passed by the Additional Chief Medical Officer, Patna on 30.09.2004 for 3 fixation of pay of the petitioner in the revised pay-scale of Rs.4000-6000 on the post of Cholera Supervisor. The same remained pending and the petitioner superannuated. When the petitioner submitted his papers for payment of arrears of salary as well as for fixation of pensionary benefits, respondents denied him the benefit of revised pay-scale of Cholera Supervisor and allowed him provisional pension in the pay-scale of Special Cholera Worker. Some other benefits of the petitioner were also not revised and paid to him. Hence, this writ application. Counter affidavit has been filed in which it is stated on behalf of the respondents that petitioner’s promotion and posting on the post of Cholera Supervisor was not correct as, in the combined gradation list, many other persons were above the petitioner. It is also stated that petitioner has not submitted Form- IV i.e. survivor certificate and, therefore, pension of the petitioner has not been finally fixed. The fact that the post of the petitioner was converted into post of Cholera Supervisor in 1986 and the petitioner was 4 posted on the same, is not denied by the respondents. The fact that he continued as such till his superannuation is also not denied and only ground taken by the respondent is that the Additional Chief Medical Officer was not competent to pass the said order. Respondents, who have conveniently shut their eyes to the alleged illegal order, passed by the Additional Chief Medical Officer, Patna for the last almost 21 years have not explained delay. It is only after they have taken the services of the petitioner on the post of Cholera Supervisor for 21 years and have allowed him to superannuate as such, they are raising these objections. Therefore, in the facts and circumstances of this case, this Court feels it appropriate that the respondents should not be allowed to raise any dispute with regard to validity of his promotion and posting on the post of Cholera Supervisor in May 1986. In the circumstances, this writ application is allowed. Respondents are directed to treat the petitioner as having been validly promoted and posted as Cholera Supervisor with effect from 24.09.1986 and to 5 have superannuated from the said post. All consequential benefits including arrears of revised pay-scale of the petitioner shall be accordingly, calculated, his pension and retrial benefits shall be fixed and paid on that basis within three months from the date of receipt/production of a copy of this order. BT (J. N. Singh, J.)