IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11453 of 2007 Dr. Vijay Kumar Prasad, S/o Late Ramdeo Prasad, Resident of Village and P.O. Itwan, P.S. Haspura, Dist. Aurangabad. ------- Petitioner Versus 1. The State of Bihar through the Health Commissioner, Government of Bihar, Patna. 2. The Deputy Secretary, ‘Deshi Chikitsa’, Govt. of Bihar, Patna. 3. The Finance Commissioner, Govt. of Bihar, Patna. 4. The Civil Surgeon cum Chief Medical Officer, West Champaran (Bettiah). --------- Respondents ----------- 2 03.11.2011 Heard learned counsel for the parties. The prayer of the petitioner in this writ application for payment of salary for the period 27.7.1994 to 22.8.1995 as also for regularizing the services in the aforesaid period is based on a claim that initially he was posted in the district of West Champaran against a non-existent post and that eventually when he was posed in Jehanabad district after one year, the authorities had failed to take into account that despite there being no sanctioned post available for functioning of the petitioner as per the Government notification dated 29.7.1994, the Civil Surgeon of West Champaran district, in keeping with the exigency of floods and other administrative problems, had already utilized 2 the services of the petitioner for the period 3.9.1994 to 21.8.1995 before the petitioner could rejoin at his place of posting in Jehanabad district on 22.8.1995 pursuant to the Government notification no. 456 dated 11.8.1995. Ordinarily, this Court would not have interfered in such a belated writ application seeking to raise a cause of action of some twelve years back on the date of its filing i.e. 3.9.2007 but then keeping in view that there was a valid order of the competent authority, the Civil Surgeon, West Champaran district who had taken work from the petitioner from 3.9.1994 and that the petitioner’s repeated representations for this purpose has evoked no response, this Court would direct the Principal Secretary of the Health Department to examine the aforementioned grievance of the petitioner for payment of his salary for the period 27.7.1994 to 22.8.1995 in case a fresh representation is filed by the petitioner along with a copy of this order. The Principal Secretary of the Health Department shall make his independent enquiry as with regard to the claim of the 3 petitioner of working in the West Champaran district in view of the order of the Civil Surgeon and if he finds that the petitioner has actually worked for the period 3.9.2004 onwards and was relieved by the Civil Surgeon of West Champaran district for joining in Jehanabad district pursuant to the Government notification of transfer dated 11.8.1995, he would direct for payment of salary for the period in question. If, however, the Principal Secretary of the Health Department would not find any proof of working of the petitioner, he would reject such representation of the petitioner by a speaking order but even in that case, the petitioner’s seniority for all other purpose will date back to the date of his first appointment unless the Principal Secretary also comes to a finding that the petitioner had never joined in West Champaran district pursuant to his order of first appointment dated 27.7.1994. Such an exercise including passing of a final order by the Principal Secretary, Health Department, however, must be completed within a period of six months from the date of filing of a fresh representation by the 4 petitioner enclosing a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)