IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10249 of 2005 SANJAY KUMAR RAY son of Sri Surendra Ray, resident of Village- Kursaha, P.O. Kursaha, P.S. Mohiuddin Nagar, district- Samastipur, at present posted as Pharmacist (Mishrak), Additional Primary Health Centre, Patasia, Mohiuddin Nagar, Samastipur. Versus 1.THE STATE OF BIHAR 2.The Secretary, Health, Medical Education and Family welfare Department, Government of Bihar, Patna. 3.The Director-in-Chief, Health Services, Bihar, Patna. 4.The Regional Deputy Director, Health Services, Darbhanga Division, Darbhanga. 5.The Civil Surgeon Cum Chief Medical Officer, Samastipur. 6.The Incharge Medical Officer, Primary Health Centre, Mohiuddin Nagar, District Samastipur. ----------- 6 6.8.2010 Heard Mr. Shayama Prasad Mukherjee, learned senior counsel appearing on behalf of the petitioner and counsel for the State. Prayer of the petitioner in this writ application reads as follows:- “That this writ application is being filed for commanding the respondents to pay arrears of salary and other allowances, as admissible to him with effect from 23.7.1986 to 2.10.1996. This writ application is also being filed for holding that the petitioner is entitled to get the benefit of pay scale of trained Pharmacist (Mishrak) in the pay scale of Rs.4500-7000 with effect from 3.10.1996, i.e, the date of absorption of his services as has been done in the matter of other similarly situated employees of the Department.” Mr. Mukherjee, would submit that the Dispensary of the petitioner was taken over by the Government in the year 1986, but the services of the petitioner were taken over in the year, 1996 and therefore once services were taken over he should not be made loser, in comparison to other employees of the same dispensary 2 whose services were taken over in 1986 and infact the Government should not kept the matter relating to the petitioner pending for a long period of ten years. In the opinion of this Court, order of the authority dated 28.9.1996 is based on the order of the Government dated 19.9.1996 and therefore, when the government itself had intended to take over services of the petitioner from the date of his joining in compliance of its order dated 19.9.1996 his plea for takeover of his service with effect from his initial joining in the Institute on 1.9.1984 when he was appointed by the private employer while it was a non government Dispensory can only be looked into by the State Government. In that view of the matter, this Court would remit the matter back to the Principal Secretary, Health Department, to obtain the orders of the State Government as with regard to the effective date of take over of services of the petitioner in the light of the earlier Government decision taken on 19.9.1996 as is referred to in Annexure-13. It is made clear that even if the petitioner, for the period 1986 to 1996, may not be held entitled for payment of salary on the basis of principles of „No work no pay‟, he may still be given the continuity of his service for the purpose of computation of his retirement benefit, so that he may get his pension by counting his services from the date of his initial joining in Dispensary or at least from the date services of others like him of the same Dispensary were taken over in the year, 1986. 3 That being so, this application is disposed of with a liberty to the petitioner to approach the Principal Secretary, Health Department by filing a compact representation enclosing all the relevant documents and a copy of this order, whereafter the authority would take a final decision strictly in accordance with law within a period of six months from the date of filing of such representation by the petitioner. Let it be also made clear that this Court has not gone into the merits of case of the petitioner and therefore it would be open for the competent authority to decide the matter strictly in accordance with law. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)