IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.871 of 2011 -------- Appeal against the judgment and order dated 8-4-2011 passed by a Bench of this Court in C.W.J.C. No.13123 of 2010. ------- 1. Madhuranjan Kumar, son of Sri Chandrabhushan Ojha, resident of village- Khabra, P.S. Sadar, District- Muzaffarpur 2. Abhishek Kumar, son of Chandrabhushan Ojha, resident of village- Khabra, P.S. Sadar, District- Muzaffarpur 3. Santosh Kumar son of Sri Rabindra Kishore Ojha, resident of village- Khabra, P.S. Sadar, District- Muzaffarpur.. Appellants Versus 1.The State Of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, Patna,. 2. Director-in-Chief, Health Services, Department of Health, Govt. of Bihar, Patna. 3. Civil Surgeon -cum - Chief Medical Officer, Muzaffarpur. 4. Additional Chief Medical Officer, Muzaffarpur 5. Incharge Medical Officer, Primary Health Centre, Aurai, Muzaffarpur....................................................... Respondents ---------------------------------- 2 30-8-2011 Learned counsel for the appellants has placed reliance upon annexures 2 and 3 to a supplementary affidavit. Those annexures show that appellant nos 1 and 2 have been reinstated in service by quashing order for their removal with retrospective effect and have also been directed to be paid their emoluments and wages as per order passed by the Civil Surgeon-cum- Chief Medical Officer, Muzaffarpur on 15-6- 2011. Learned counsel prays to withdraw this appeal on behalf of appellants 1 and 2. Learned counsel for the State has no objection. Hence, this appeal on behalf of appellants 1 and 2 is dismissed as withdrawn. Appellant no3, Santosh Kumar was also a party to 2 the writ petition in which the order under appeal was passed on 8-4-2011. That order shows that all the petitioners including appellant no.3 confined their prayer to the issue of payment of salary for the period they had worked. That prayer was allowed and the writ petition was disposed of with a direction to the respondents to take steps for payment of salary at least for the period the petitioners had worked after due verification of record in this regard. A prayer on behalf of appellant no.3 has been made that he may also be permitted that he may pursue his remedy before the authority concerned in the light of relief granted to appellants 1 and 2. The prayer is allowed. The appeal of appellant 3 is disposed of with the aforesaid liberty. Before parting with the order, we find from annexure-5 that the Additional Chief Medical Officer, Muzaffarpur vide annexure-5 dated 29-6-2011 has referred the case of appellants 1 and appellant no.2 to the Director Inchief for guidelines as he is facing difficulty in making payment of their salary dues in absence of proof of their working but it appears that even before that order Chief 3 Medical Officer allowed the claims of appellants 1 and 2. We expect the Director In-Chief to ensure that the issue relating to the appellants are decided in accordance with law without there being any irregularity by any officer of any rank. Naresh ( Shiva Kirti Singh, J.) ( Shivaji Pandey,J)