IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9614 of 1997 RAJENDRA PRASAD s/o Sri Harihar Prasad Sharma, resident of Rajendra Ashram Gaya, P O and P S. Civil lines, District- Gaya…. Petitioner. Versus 1. THE STATE OF BIHAR through Secretary, Department of Health Govt. of Bihar. 2. Director of Chief Health Services Govt. of Bihar. 3. Special Secretary Department of Health Services Govt. of Bihar. 4. Dy. Director Health Services Govt. of Bihar, new Secretariat, Patna. 5. The Principal, Anugrah Narayan Magadh Medical College, Gaya. 6. Treasury Officer, District Treasury, Gaya…. Respondents. ------------- 12 03.8.2010 Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows : - "(I) For issuance of a writ in the nature of mandamus directing/commanding the concerned respondents to pay the salary of the petitioner forthwith which has been stopped from the month of January 1997. (II) It is further prayed that appropriate direction be issued to the Respondent Principal of Anugrah Narayan Medical College, Gaya to sanction earned leave of two months and to pay Bonus to the petitioner without any further delay. (III) It is further prayed that this Hon'ble Court be pleased to direct the concerned respondent authorities to pay higher pay scale to the petitioner, which is available to other employees of the same cadre in different medical colleges, 2 and other departments of State Government. (IV) It is further prayed for issuance of any appropriate writ/writs directing/commanding the respondent authorities to allow the petitioner to draw higher pay scales as fixed for this post for which this Hon'ble Court had also directed the respondent authorities vide order dated 23.2.1994 passed in writ petition No. 7053 of 1992." Earlier this Court had passed an interim order on 12.12.2008 wherein the petitioner‟s case was dealt at length while passing the aforementioned interim order directing the authorities to consider the grievance of the petitioner and in that context, the Court had held as follows; “ The writ petitioner is working in Anugrah Narayan Medical College, Gaya (hereinafter referred to be as „the College‟) since 12.3.1974. He was appointed by the private Managing Committee of the College and is continuing to work even after taking over of the College. The petitioner was working on the post of Artist-cum-Modeler. After taking over of the College, the petitioner was granted the benefit of the scale as approved by the 4th Pay Revision Committee. An order was issued reducing the scale of pay of the petitioner, and as such, the petitioner filed C.W.J.C.No.7053 of 1992 which was disposed of by a Division Bench of this Court on 23.2.1994 staying the order of recovery of salary until the petitioner was heard by the authority, 3 reducing the pay scale of the petitioner. After the order which was passed by this Court on 23.2.1994, the petitioner‟s salary was stopped from 1997 and, although, the petitioner claims that he is still working in the College, he has not been paid a farthing on the ground that there is no sanctioned post of Artist-cum-Modeler or Artist-cum-Photographer in the College aforesaid. The Principal of the College in question has addressed several letters to the Director-in-Chief, Health Services, Bihar, Patna, to take a decision and sanction the post of Artist in view of the fact that the petitioner and others like him had been working on the post of Artist before taking over of the College. The petitioner on the other hand, refers to certain documents to show that in almost all the Medical Colleges in the State of Bihar, there are posts of Artist in the College, and as such, it is submitted that due to inadvertence the post was not sanctioned and the State Government is not taking any decision with respect to issue in question which is whether there is a necessity of sanctioning the post of Artist for the Medical Colleges. I, accordingly, direct that the Director- in-Chief, Health Services, Bihar, Patna, should take a decision regarding the fact whether the post of Artist or Artist-cum- Modeler existed in the said College before the College was taken over and whether it is essential to have such a post in the Medical Colleges keeping in view of the necessity and requirements of the Medical Colleges through out the State of Bihar. The said decision should be taken within a period of two months and the decision of the Director- in-Chief, Health Services, Bihar, Patna, should be brought before this Court by filing a supplementary counter-affidavit within a period of two and half months from the date of receipt/production of a copy of this 4 order.” Pursuant thereto an affidavit sworn on 29.1.2010 has been filed, gist whereof is that the Director-in-Chief of the Health Services by his order dated 8.1.2010 has merely gone to record that the Committee under his Chairmanship had recommended for creation of post of Artist-cum-Modeler for all the Medical Colleges. In the opinion of this Court, the aforesaid order dated 8.1.2010 does not amount to compliance of the aforesaid order of this court and thus both the Principal Secretary and the Director-in-Chief of the Health Department are in contempt. In fact, it would appear that the respondent-authorities have now left taking decision of their own unless they are directed by this Court. Counsel for the petitioner brings to the notice of this Court an order dated 5.7.2010 passed in the light of the direction given in CWJC No. 3636 of 1997 (Ramdeep Mistri vs. State of Bihar & Ors.) wherein the services of four persons on the post of Junior Engineer, Junior Clerk, Library Attendant and Cattle Guard were sought to be regularized with the benefit of payment of 5 arrears of salary. In the said order it was also mentioned that the case of the petitioner of this case was under active consideration. Counsel for the State is not aware of the latest decision taken in this regard as mentioned in the order dated 5.7.2010 and therefore keeping this writ petition further pending would be of no avail. Now if a decision has been taken for creation of post of Artist-cum- Modeler on which the petitioner was admittedly working in the Anugrah Narayan Medical College, Gaya, this Court would direct the absorption of the service of the petitioner in the same manner in which the Ramdeep Mistri, Balram Prasad Yadav, Raju Prajapatti and Bachch Singh, the petitioners of CWJC No. 3636 of 1997 were absorbed and would also direct for the payment of his arrears of salary. Such exercise must be completed by the Respondents within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this writ petition is disposed of. kanchan/ (Mihir Kumar Jha, J.)