IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18376 of 2009

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Triloki Nath Sah S/O Late Chutaru Sah, Block Extention Educator, R/O Vill.-

Khirni Bazar, P.O- Madarghat, Kaswa, Distt.- Purnea

... ... Petitioner/s

Versus

1.

The State Of Bihar

2.

The Directorate Of Health Services Through Its Secretary Bihar, Patna

3.

Director-In-Chief Health Services, Bihar, Patna

4.

Civil Surgeon-Cum-Chief Medical Officer Purnea

5.

Regional Deputy Director Health Services, Purnea Division, Purnea

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Sanjay Sinha, Advocate

Mr. Md. Fazle Karim, Advocate

For the Respondent/s

:

Mr. Kinkar Kumar, SC-9

Ms. Deepika Sharma, AC to SC-9

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 27-07-2022

Heard learned counsels for the parties.

2. In the instant petition, petitioner has prayed for

following reliefs:-

“1. That the present petition

is being filed for issuance of an

appropriate writ for quashing the order

dated 20.09.2007 as contained in clause

(2) passed by the respondent no. 2, vide

letter No. 1117(4) (Annexure-1) and as an

consequence for the direction to the

respondent authorities for making of the

payment of salaries to the petitioner for

the period in between his dismissal and

restatement (i.e. from 11.10.01 to

27.09.07) as directed by the order dated

26.06.06, passed in L.P.A. No. 946 of 2006,

which interest. And also for any other

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relief or reliefs for which the petitioner is

found entitled to.”

3. The petitioner was appointed as a Family

Welfare Worker in the respondent-department on 27.03.1980.

His services were terminated on 11.10.2004 on the alleged

allegations that in the process of appointment there were certain

irregularities. Feeling aggrieved and dissatisfied with the order

of termination dated 11.10.2004 petitioner filed C.W.J.C. No.

14940 of 2004. Identical matters were stated to be pending

before the L.P.A. Bench. Therefore, petitioner’s petition was

clubbed with L.P.A. No. 946 of 2003. Both C.W.J.C. and L.P.A.

were decided on 26.06.2006 and directed the concerned official

respondents to reconsider the grievance of the petitioner and

others. In this regard, competent authority constituted a Five

Men Committee. The committee stated to have submitted a

report while categorizing three issues. One of the category is

relating to 91 persons including the petitioner in which the

finding of the Five Men Committee is to the extent that

petitioner and 90 persons were stated to be appointed. Their

initial appointment were irregular.

4. In the light of these facts and circumstances, the

competent authority has taken a decision to regularize the

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services of the petitioner and others. To that effect, an order was

notified on 20^th September, 2007. In the regularization order the

official respondents imposed a condition that among petitioner

and others are not entitled to salary for the intervening period

from the date of termination till order dated 20^th September,

2007 in relates to reinstatement.

5. The petitioner feeling aggrieved and dissatisfied

with the condition imposed in the order of reinstatement dated

20^th September, 2007, presented this petition.

6. Learned counsel for petitioner submitted that

submission of Five Men Committee report and consequential

order is only an eye-wash for the reasons that as to what is the

actual irregularities in the process of selection and appointment

was not made known by the Five Men Committee in their report

so also condition in the consequential order on 20^th September,

2007. In the absence of supporting reasons that there were

irregularities in appointme