IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17652 of 2009 1. PARAS NATH RAI S/O LATE RAM NANDAN PRASAD YADAV R/O MOHALLA- NABABGANJ, BUNDEL TOLI, P.O.- SRI MADHAV MILLS, PATNA CITY, P.S.- MALSALAMI, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, HEALTH DEPARTMENT, BIHAR, PATNA 3. THE DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, MADHUBANI 5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MADHEPUR, DISTT.- MADHUBANI ----------- 03/ 17.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Prayer of the petitioner is for quashing of order contained in Memo No. 1306 dated 10.07.1995 issued under the signature of Civil Surgeon –cum- Chief Medical Officer, Madhubani, whereby he has been terminated from his service. Petitioner’s case is that after remaining in service on Class IV post for six years, he has been terminated without assigning any opportunity to defend his case, even though he was regularized and he was allowed regular pay scale including D.A., Medical Allowance, House Rent etc. Considering the fact that there is no whisper in the writ application regarding appointment of the petitioner, following all procedure, provided for a legal appointment, - 2 - there cannot be a presumption that petitioner was legally appointed and continued on the post as a regular employee. Petitioner was terminated in the year, 1995, as per his own saying and that order is being challenged by him after 15 years, without explaining the delay. I find no merit in this application. This application is dismissed. DKS/ (Mridula Mishra, J.)