Mohit Kumar Shah, J. – The present writ petition has been filed for directing the Respondent authorities to pay arrears of salary to the petitioner from the date of termination of his services i.e. 08.07.2003 upto the date of his reinstatement in service i.e. 29.12.2008.

2. The brief facts of the case, according to the petitioner, are that an advertisement was published by the Civil Surgeon-cum- Chief Medical Officer, Muzaffarpur, inviting applications for appointment on different posts lying vacant in the Muzaffarpur Surgency including the post of Computer, in response whereof, the petitioner had applied and was selected, whereafter, he was appointed, vide order dated 29.11.1984 and was posted at the Primary Health Centre, Gaighat, where he submitted his joining on 01.12.1984. It is the further case of the petitioner that after about 18 years of appointment, suddenly, the petitioner received a letter dated 21.02.2003, issued by the Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur, asking 26 persons including the petitioner to file their explanation as to why their services be not terminated, to which the petitioner had filed his reply on 27.02.2003, clearly stating therein that he has been appointed by the Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur, who is the competent authority for making appointment on the Class III & Class IV posts in the district and he has already worked for 18 years, hence equity demands that his services be not terminated. Thereafter, the petitioner & others had received another letter dt. 23.6.2003, asking them to submit all the relevant documents with regard to the validity of their appointment. Immediately, thereafter, the Civil Surgeon-cum- Chief Medical Officer, Muzaffarpur, vide letter dt. 25.6.2003, had directed the petitioner to file his show cause as to why First Information Report be not lodged against him since his appointment letter has been found to be forged, to which the petitioner had submitted his show cause reply on 04.07.2003, wherein he had stated that he was appointed by one Dr. Dharamdeo Choudhary, the then Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur, along with others, pursuant to conduct of due selection process as also had categorically stated that his appointment letter is not forged. Nonetheless, the Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur, vide memo dated 08.07.2003, had terminated the services of the petitioner along with others.

3. The aforesaid order of termination dated 08.07.2003 was challenged by the petitioner, by filing a writ petition bearing CWJC No. 7236 of 2003, which was tagged with other writ petitions bearing CWJC No. 4702 of 2003 and other analogous cases and a coordinate Bench of this Court, by a judgment dated 08.09.2003, reported in 2003 (4) PLJR 282 (Sitendra Kumar Singh & Others vs. State of Bihar & Ors.), had allowed the writ petition, set aside the impugned orders of termination and directed for reinstatement of the writ petitioners including the petitioner herein, however, it was also observed that the writ petitioners including the petitioner shall not be entitled to salary / remuneration for the period they have not actually worked.

4. The aforesaid order dated 08.09.2003 was challenged by the Respondents, by filing appeals bearing L.P.A. No. 162 of 2004 & other analogous cases, which was finally heard along with one L.P.A. No. 946 of 2003, however, the learned Division Bench of this Court, by a judgment dated 26.06.2006, reported in 2006 (3) PLJR 386, had directed the authorities of the Health Department, Government of Bihar, Patna, to consider the cases of the affected employees for their regularization, in light of paragraph no. 44 of the judgment, rendered by a Constitution Bench of the Hon’ble Apex Court in the case of Secretary, State of Karnataka & Others vs. Umadevi & Others, reported in 2006 (2) PLJR (SC) 363, within a period of six weeks.

5. The learned counsel for the petitioner has further submitted that