IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7600 of 2007 SITA RAM PRASAD S/o Late, Jetan Mahton R/o Station Road, Patel Chowk, Ballia Post- Lakhaminia, P.S. Ballia, District- Begusarai, State Bihar. ….Petitioner. Versus 1. THE STATE OF BIHAR through the Director of Health Services, Deppt. Of Health’ Family Planning, Vikash Bhawan, Patna-15. 2. The Civil Surgeon cum Chief Medical Officer Begusarai. 3. Medical Officer Incharge Primary Health Centre, Ballia PO Lakhaminia, Dist. Begusarai. 4. Deputy Director Health Services, Munger. … Respondents. With CWJC No.7602 of 2007 SITA RAM PRASAD S/o Late, Jetan Mahton R/o Station Road, Patel Chowk, Ballia Post- Lakhaminia, P.S. Ballia, District- Begusarai, State Bihar . …. Petitioner. Versus 1. THE STATE OF BIHAR through the Director of Health Service, Depptt. Of Health, Family Planning Vikash Bhawan, Patna-15. 2. The Civil Surgeon cum Chief Medical Officer Begusarai. 3. Medical Officer Incharge Primary Health Centre, Ballia PO Lakhaminia, Dist. Begusarai. 4. Deputy Director Health Services, Munger ----------- 2. 01.10.2010 CWJC No. 7600 of 2007 Having heard learned counsel for the petitioner as with regard to following prayer; “(A) For the payment of salary of the petitioner for the period July 1986 to Oct 1987. (B) And for the period January 1988 to August 2003.” this Court must hold that this writ application 2 filed on 3.7.2007 as with regard to a cause of action relating to payment of salary for the period July 1986 to August 2003 is not maintainable because it suffers from the explained delay and laches on the part of the petitioner. Further on account of chequered history of the petitioner wherein he had been placed under suspension and even after revocation of such suspension he allegedly had not worked in the Leprosy Control Unit of Begusarai for a long number of years and has now moved this court for payment of salary for seventeen years only after his retirement on 30.6.2007, this Court would hold the petitioner entitled for payment of his salary only for the period he has admittedly worked and a capable of being verified from the officials records. Thus if the petitioner would approach the Director-in-Chief of Health Services with evidence of his working the same will be verified by him by collecting the report of the drawing and disbursing offer and controlling officer as also monthly absentee statement. It is, also made clear that the petitioner will be entitled for salary only for the period he has admittedly worked which can be supported from documentary evidence showing of his actual discharge of duty in the 3 concerned period. Let such an exercise be completed by Director-in-Chief within a period of six months from the date of filing of the representation by the petitioner along with a copy of this order. With the aforementioned observation and direction, this writ application is disposed of. CWJC No. 7602 of 2007 In this case, the petitioner claims following reliefs; “(A) Grant of Ist time bound promotion with effect from 1.4.1981 on completion of 10 years of service on 1.4.1981. (B) Grant of Second time bound promotion on completion of 25 years of service with effect from 23.1.1994. (C) Fixation of salary of entire period of service with due increments and fixation of pay on the basis of above two time bound promotion.” As is well known, the time bound promotion as per Government Resolution dated 30.12.1981 is available to only such persons who were otherwise fit to be promoted. This Court would therefore direct the Director- in-Chief of Health Services to look into as to whether the petitioner after being employed in service in 23rd Jan, 1969 4 was eligible for alleged time bound promotion as has been claimed in this writ application. The Director-in-Chief in fact having first examined the continuity of service of the petitioner as directed above with respect to payment of salary would address himself to the grievance of the petitioner for the benefit of two time bound promotions as claimed in this writ application. This exercise will also be completed by the Director-in-Chief in the same period of six months. With the aforementioned observation and direction, this writ application is disposed of. kanchan/- (Mihir Kumar Jha, J.)