IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.503 of 2010 1. INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCE THROUGH THE DIRECTOR I.G.I.M.S., SHEIKHPURA, PATNA Versus 1. UDAY KUMAR JHA S/O SRI RATNESHWAR JHA R/O VILL.- BAGHI, P.S.- SUGAULI, DISTT.- EAST CHAMPARAN 2. MILAN PRASAD THAKUR S/O LATE SATYA NARAIN THAKUR R/O VILL.- HASANPUR, P.S.- TEGHRA, DISTT.- BEGUSARAI 3. MADAN MISHRA S/O MUKTESHWAR MISHRA R/O VILL.- UDHURA, P.S.- DALLUPUR, DISTT.- BHOJPUR 4. MATHURA SHARMA S/O SRI BHAGIRATH SHARMA R/O VILL.- NADIAMA, P.S.- LAKHISARAI, DISTT.- LAKHISARAI 5. UMA SHANKAR PRASAD S/O LATE RAM CHANDRA PRASAD R/O VILL.- MANER TELPA, P.S.- BIKRAM, DISTT.- PATNA 6. SARYUG PRASAD S/O LATE DEOLAL RAM R/O VILL.- PIRBANDHRA, P.S.- DANIAWAN, DISTT.- PATNA 7. MD. ISHTAYAQUE S/O MD. MUSTAQUE R/O PIRRAISH LANE, P.S.- ALAMGANJ, DISTT.- PATNA 8. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 9. CHIEF ADMINISTRATIVE OFFICER INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCE, SHEIKHPURA, PATNA with LPA No.584 of 2010 1. INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCE THROUGH THE DIRECTOR I.G.I.M.S., SHEIKHPURA, PATNA Versus 1. RAVINDRA KUMAR SINGH S/O RAMESHWAR PRASAD SINGH R/O NEW PURANDARPUR (BAPU PATH), P.S.- JAKKANPUR, DISTT.- PATNA 2. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 3. CHIEF ADMINISTRATIVE OFFICER INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCE, SHEIKHPURA, PATNA 4. ADMINISTRATIVE OFFICER INDIRA GANDHI INSTITUTE OF MEDICAL SCIENCE, SHEIKHPURA, PATNA 5. DEPUTY DIRECTOR (ADMINISTRATION) I.G.I.M.S., SHEIKHPURA, PATNA ----------- For IGIMS: Mr Lalit Kishore, Senior Advocate & Mr. Sunil Kumar Singh, Advocate. For the State: Mr. D.K.Sinha, A.A.G.2 & Mr. Kalpana Singh, S.C.9. For the Respondent: Mr. Banwari Sharma, Advocate. ……………….. 2 7 22.06.2011 These appeals have been filed against the common order dated 3.2.2010 passed in C.W.J.C. Nos. 5537 of 2009 and C.W.J.C. No.4668 of 2009, whereby the learned Single Judge has directed the respondents, appellants herein to reinstate the writ petitioner Nos. 1 to 7 in C.W.J.C. No. 5537 of 2009 and allow them to continue on the post till the appropriate order for regularization is passed. It has further been held that regularization order in case of petitioner nos. 1 to 7 be passed within four weeks and in case of other petitioners within three months. The learned Single Judge has further directed the Institute to reinstate the petitioner of C.W.J.C. No. 4668 of 2009 on his post with all consequential benefits and to regularize him on the post within a maximum period of twelve weeks from the date of production/ communication of the order. It has been contended by Mr. Lalit Kishore, learned Senior counsel that the posts on which the petitioners working were not the sanctioned posts and therefore the order passed by the learned Single Judge cannot be sustained. The aforesaid statement has been controverted by learned counsel appearing on behalf of the petitioners, respondents herein by bringing to the notice of this Court a supplementary counter affidavit filed on behalf of respondent nos.2 in C.W.J.C. No.5913 of 2003 by one Serajul Haque, Accounts Officer and Incharge Chief Administrative Officer of Indira Gandhi Institute of Medical Sciences, Sheikhpura. In the said supplementary 3 counter affidavit following statement has been made which reads as follows:- “Letter No.9057 dated 1.7.02 mentions that 138 posts of Class Four employees have been sanctioned by the State Government but out of which only 89 employees are working. The remaining posts have been advertised and applications have already been scrutinized but further procedure have not been adopted due to non availability of the fund, the second para of this letter clearly says that the Institute sent several letters to the State Government, but no reply has been received and therefore further employment has not been made. Chart which will speak for itself that the State Government has sanctioned less posts i.e. total 139 posts.” In view of the above statement made in the supplementary counter affidavit we are not in agreement with the contentions raised by Mr. Lalit Kishore, learned Senior counsel that the posts are unsanctioned as a clear statement has been made in the supplementary counter affidavit that 138 posts are sanctioned out of which 89 employees are working. The remaining posts have been advertised and applications have already been scrutinized but further procedure have not been adopted due to non availability of the funds. In view of the aforesaid statement made in the supplementary counter affidavit filed in C.W.J.C. No.5913 of 2003, we are of the opinion that the order of the learned Single Judge can be modified to the extent that the cases of the writ petitioners, respondents herein must be considered against the said sanctioned posts as per their eligibility within a period of four 4 months from the date of receipt/production of a copy of this order. With the above observation these appeals are disposed of. Abhay Kumar ( T. Meena Kumari, J.) (Akhilesh Chandra, J.)