Binod Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23097 of 2018 ====================================================== Binod Kumar Son of Late Ram Naresh Prasad Resident of Village-Cheran, Police Station Sarmera, District-Nalanda ... ... Petitioner

Versus

1.

The State Of Bihar 2.

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

The Civil Surgeon, Aurangabad, District Aurangabad 4.

The Incharge-Medical Officer, Referal Hospital, Haspura, P.S. Haspura, District-Aurangabad ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Rabindra Prasad Singh For the Respondent :

Mr.Pankaj Kumar, SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-04-2021 The matter has been taken up for hearing on-line because of COVID-19 pandemic restrictions.

This writ application has been filed seeking direction to the respondents to pay to the petitioner his arrears of salary for the period 24.11.2007 to 10.06.2008 with statutory interest. It is the petitioner's case that the petitioner was working against the post of X-ray Technician at Referral Hospital Basia, Gumla (now in the State of Jharkhand). He and some other X-ray Technicians were allocated the State of Bihar vide letter No. 714 dated 19.11.2007 on cadre division consequent upon reorganization of the States in accordance with certain orders passed by the Department of Personnel, Public

Patna High Court CWJC No.23097 of 2018(2) dt.07-04-2021 2/2 Grievance and Pension, Government of India, under Bihar Reorganization Act, 2000. The petitioner was relieved to join in the State of Bihar with effect from 23.11.2007. It is further stated that the petitioner was relieved from Referral Hospital Basia, Gumla (Jharkhand), whereafter he had submitted his joining before Director-in-Chief, Health Services, Bihar, Patna, on 26.11.2007. It is his case that for no fault on his part, he has not been paid his salary for the said period.

Considering the nature of relief, which the petitioner is seeking, this application is disposed of with a direction that let Director-in-Chief, Health Services, Bihar, take a final decision on the petitioner's claim for payment of salary for the said period and take such steps which are required for payment of salary if the petitioner is found legally entitled to the same. Entire exercise must be done within a period of three months from the date of receipt/production of a copy of this order. (Chakradhari Sharan Singh, J) Pawan/- U