Md.Kalimuddin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3468 of 2012 ====================================================== MD.KALIMUDDIN Son Of Md. Israil Resident Of Village - Bagati, P.S. - Bihiya, Dist.- Bhojpur Arrah Presently Posted As Pharmacist At Addl. Primary Health Centre, Mahuaon, Bhojpur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR and ORS 2.

The Director-In-Chief, Health Services, Bihar, Patna 3.

The Civil Surgeon-Cum-Chief Medical Officer, Bhojpur Arrah 4.

The In-Charge, Medical Officer, Primary Health Centre, Bihiya, Dist.- Bhojpur Arrah ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr.Mujtabul Haque GP 12 Mr. Vasant Vikas, AC to GP 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-11-2019 On account of termination, petitioner was away from service from 01.10.2003 till 30.09.2007.

It is submitted by counsel for the State that his subsequent reinstatement on 20.09.2007 was with a clear stipulation that for the period he had remained away from service, he will not be entitled salary on the principle " No work no pay".

Without assailing the order dated 20.09.2007 and having availed the benefits thereunder, petitioner is estopped from claiming his salary, for the period of termination. No one appears for the petitioner. Without going into

Patna High Court CWJC No.3468 of 2012(3) dt.04-11-2019 2/2 merits of the said submission, writ petition is dismissed for want of prosecution.

(Madhuresh Prasad, J) s.hassan/- U