IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.698 of 2006 DR.SURESH LAL SAH SON OF LATE MOTILAL SAH, AT PRESENT POSTED ON THE POST OF HOMEOPATHIC PHYSICIAN, JONT HOSPITAL, SITAMARHI, RESIDENT OF VILLAGE- KARANPUR, P.O. BOCHHA, P.S. BOCHHA, DISTRICT- MUZAFFARPUR. .....PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE DIRECTOR, DESI-CHIKITSA, HEALTH, GOVT. OF BIHAR, PATNA. 3.THE SECRETARY, DESI-CHIKITSA, GOVT. OF BIHAR, PATNA. 4.THE DISTRICT INDIGENOUR MEDICAL OFFICER, SITAMARHI, BIHAR. ....RESPONDENTS. ----------- 4 06.05.2011 The petitioner is posted as Homeopathic Physician in the State Government Service. He has come to this Court for grant of salary for the period from 07.01.2000 to 08.06.2000 and for continuity of his service. Though this writ petition was filed in the year 2006 and has been adjourned for State to seek instructions and file counter affidavit, five years have not been enough for the State to file counter affidavit. I is a matter of regret. The case of the petitioner is that he was posted in the State Homeopathic Medicine Hospital, Lisiya (District- Gumla). It appears that one Dr. Ram Naresh Sharma was transferred to the said post by orders from the Department of Indigenous Medicine, dated 29.12.1999 and joined as such on 31.12.1999 in place of the petitioner but there was no order transferring petitioner to any other place. Accordingly, the District Indigenous Medical Officer, Gumla by his order dated 05.01.2000, directed the petitioner to give his joining at Director of Indigenous Medicine at Patna awaiting posting. He accordingly, joined Directorate and marked his attendance sheet. This continued till the Directorate Indigenous Medicine, Government of Bihar passed fresh transfer orders posting the petitioner to Sitamarhi on 08.06.2000 (Annecture 3 of the writ petition). Annexure 3 would show that it mention in relation to the petitioner that petitioner had been waiting for posting in the Directorate and has been transferred to Sitamarhi. It is pursuant to this order that petitioner joined his post at Sitamarhi. The period in between this, while he was awaiting for posting, is to be regularized and remuneration paid. In my view, if the facts, as asserted which appears to be correct, are correct then there is no scope for the authorities not to regularize the service or to pay the remuneration for the period aforesaid. As five years have been wasted in this Court allowing awaiting counter affidavit from the State, I deem it proper not to waste any further time. I direct the Directorate of Indigenous Medicine, Department of Health to pass necessary orders in this regard in accordance with law within three months from today, if not already passed. If the order is passed adverse to the petitioner, the reasons must be strictly given and petitioner be accordingly informed. It shall be the responsibility of the Directorate to comply with the order within the time stipulated. With these observations, this writ petition is disposed of. Bhardwaj/- ( Navaniti Prasad Singh, J.)