IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8624 of 2004 DR.RAJIVA RANJAN SINGH, SON OF LATE RAM PEYARE SINGH, RESIDENT OF VILLAGE BELARHI, P.S. DAUDNAGAR, DISTRICT AURANGABAD. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 3. SPECIAL SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 4. DIRECTOR-IN-CHIEF, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 5. ADDITIONAL SECRETARY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 6. DEPUTY SECRETARY TO GOVERNMENT OF BIHAR, DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA. 7. ACCOUNTANT GENERAL (A & E), BIHAR, PATNA. ------------------------------------------------------------------------------------------------ RESPONDENTS For the petitioner :- Mr. Devendra Kumar Sinha, Sr. Adv. Mr. Pramod Kumar Sinha, Advocate For the State :- Mr. Nirmal Kumar Singh, Advocate For the Acct. Gen. :- Mr. Madhuresh Prasad, Advocate *********** 3 2.12.2010 Petitioner has been agitating for grant of Selection Grade and Super Time Selection Grade of pay since a pretty long time. The petitioner filed CWJC No. 9591 of 1992 with a grievance that the respondent nos. 5 to 11 in the writ application were granted Senior Selection Grade whereas, the petitioner who was senior to the respondents was not granted the said scale. A counter affidavit had been filed in the said writ application in which it has 2 been stated that the Government is reviewing of all such matters and cases. In the light of the aforesaid statement, the Court did not give any positive directions. The petitioner has filed this writ application after his retirement. The petitioner had also filed a writ numbered as CWJC No. 2087 of 2000 for grant of his retrial dues. The case has been disposed of with a direction to consider the case of the petitioner. The present case has been filed claiming that he should be granted Senior Selection Grade and Super Time Selection Grade. A defectively affidavited counter affidavit has been placed before this Court in which a stand has been taken that the petitioner is accused in a criminal case numbered as Vigilance P.S. Case No. 38 of 1997 dated 1.12.1997. It has also been stated that a departmental proceeding has been initiated against the petitioner in which charges were framed on 6.11.1998. It is surprising that the departmental proceeding is still continuing till this date i.e. the date on which the counter affidavit is signed. It is hoped that the departmental proceeding will conclude soon so that the petitioner should be put out of his 3 misery. Learned senior counsel Mr. D.K. Sinha submits that the claim for grant of the higher scale accrued in the year 1987 and 1995 respectively. It is admitted that at that time, there was no departmental proceeding or criminal case pending against the petitioner and as such it is submitted that the petitioner should be paid the aforesaid pay scale. These aspects of the matter would have to be looked into by the Principal Secretary, Department of Health, as this Court is not aware of the date or the year when the alleged acts of omission or commission, which are subject matter of the departmental proceeding or for that matter the criminal case, took place. I, therefore, refer the matter back to the Principal Secretary, Department of Health, who should consider all these aspects and pass appropriate order within a period of six months on receipt/production of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Sanjay ( Sheema Ali Khan, J.)