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2023 Supreme(Pat) 816

MOHIT KUMAR SHAH
Ashok Kumar Ojha – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Shiv Kumar.
For the State : Mr. Manish Kumar, GP-4.

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

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