JYOTI SARAN, J.:–Heard Mr. Shiv Kumar, learned counsel appearing for the petitioner and Mr. Sudhir Kumar Singh, learned Assisting Counsel to Standing Counsel No.23 for the State.

2. With the consent of the parties this writ petition has been heard with a view to its final disposal at the stage of admission itself.

3. The petitioner prays for issuance of a writ in the nature of certiorari for quashing the order bearing Memo No.892(4) dated 5.9.2016, whereby the claim of the petitioner for payment of arrears of salary for the period 8.3.2003 to 4.11.2013 has been rejected while allowing his back wages for the period subsequent thereto i.e. 5.11.2013 to 30.6.2014 which is the date of retirement of the petitioner. A copy of the order is impugned at Annexure-9 to the writ petition.

4. The facts of the case lie in a very narrow compass. The petitioner was appointed as a Basic Health Worker vide order bearing Memo No.252 dated 28.1.1980 issued under the signature of the Civil Surgeon cum Chief Medical Officer, Saran at Chapra and was posted at Primary Health Centre, Abilpur, Dighwara. It is about 23 years of his appointment and having served in different Primary Health Centres that a show cause was issued to the petitioner as against his appointment by the Civil Surgeon cum Chief Medical Officer, Patna on 5.2.2003 and although a reply was filed by the petitioner explaining his appointment but it did not satisfy the Civil Surgeon cum Chief Medical Officer, Patna who vide Memo No.1858 dated 8.3.2003 cancelled the appointment of the petitioner without holding any enquiry.

5. The cancellation of appointment was questioned by the petitioner before this Court in CWJC No.14082 of 2003. The writ petition was heard along with other similar matters by a Division Bench of this Court and by a common judgment and order dated 26.6.2006 passed in LPA No.946 of 2003 and analogous cases the matters were disposed of with a direction to the Health Department to reconsider the matters and pass appropriate order in the light of the law settled by the Supreme Court in the case of Secretary, State of Karnataka Vs. Uma Devi reported in (2006) 4 SCC 1.

6. It is about two years thereafter that the cancellation of appointment of the petitioner was again upheld on grounds of being based on forged documents and which order was questioned by the petitioner before this Court in CWJC No.17145 of 2009. The said writ petition was heard analogous with some other writ petitions raising similar issues and was allowed in following terms vide judgment and order passed on 19.10.2011:—

“All these petitioners have continued for more than ten years on their post without protection of any interim order by the Court or Tribunal. They all are appointed on vacant posts, possessed requisite qualification. In these circumstances, they are entitled to be reinstated on the post and continued on the post. They are also entitled for reinstatement with all consequential benefits.” (Emphasis supplied)

7. The judgment and order was passed on 19.10.2011 and the petitioner tried to give his joining before the Civil Surgeon cum Chief Medical Officer, Patna vide Annexure-2 but was not accepted. The request was renewed again on 22.4.2013 by the petitioner vide Annexure-3 but again without success.

8. In the meantime, the State went in appeal questioning the judgment of the Single Bench giving rise to LPA No.380 of 2013 and the Division Bench while not interfering with the order of the Writ Court in so far as it proceeded to quash the termination, modified the relief granted by the Writ Court in so far as it related to consequential benefits in the following terms:—

“In view of the changed judicial trend with regard to back wages not being a matter of course even if the termination is set aside and that it cannot provide a double bonanza, we grant liberty to the respondent to represent that he has had no employment or source of income in the interregnum. The appellants shall then pass appropriate

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