IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.23914 of 2013 ====================================================== Sanjai Kumar Rai S/O Surendra Rai Resident Of Village And P.O- Kursaha, P.S- Mohiuddin Nagar, District- Samastipur , Presently Posted At Additional Primary Health Centre, Gajpati, Hasanpur, Samastipur. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The Director In Chief, Health Services, Government Of Bihar, Patna. 3. The Secretary, Health, Medical Education And Family Welfare, Department, Govt. Of Bihar, Patna. 4. The District Magistrate, Samastipur. 5. The Civil Surgeon- Cum Chief Medical Officer, Samastipur. 6. The Incharge Medical Officer, Primary Health Centre, Gajpati, Hasanpur, Samastipur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Dhananjai Kumar Singh, Advocate Mr. Jyoti Ranjan Jha, Advocate For the State : Mr. Ajay Bihari Sinha, G.A.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL JUDGMENT Date : 16-06-2026 Heard the learned counsel for the parties. 2. The present writ petition has been filed for the following reliefs: “Further be pleased to direct the respondents to grant, the same relief(s), as granted to Smt. Indu Kumari, A.N.M., from the date of his appointment, i.e w.e.f. 1.9.1984, alongwith all consequential benefits. Further be pleased to grant any other relief(s), for which the petitioner is otherwise entitled in the facts and Patna High Court CWJC No.23914 of 2013 dt.16-06-2026 2/7 circumstances of the case.” SUBMISSIONS ON BEHALF OF THE PETITIONER 3. The learned counsel appearing on behalf of the petitioner submits that the petitioner was working as untrained compounder in Prabhas Chikitsalaya, Kursaha, Samastipur w.e.f. 01.09.1984. The said hospital was taken over by the State of Bihar on 23.07.1986. When the petitioner was denied salary for the period 23.07.1986 to 02.10.1996, he was constrained to file a writ petition bearing C.W.J.C. No.10249 of 2005. The writ petition preferred by the petitioner was heard by a Hon’ble Single Judge of this Court and vide order dated 06.08.2010, while recording the facts, the Hon’ble Single Judge was pleased to dispose of the writ petition with a liberty to the petitioner to approach the Principal Secretary, Health Department by filing a compact representation enclosing all the relevant documents and a copy of the order dated 06.08.2010. The authority concerned was directed to take final decision strictly in accordance with law within a period of six months from the date of filing of such representation by the petitioner. It was further observed that the Court has not gone into the merits of the case and therefore it would be open for the competent authority to decide the matter strictly in accordance with law. Pursuant thereto, the petitioner Patna High Court CWJC No.23914 of 2013 dt.16-06-2026 3/7 filed his representation before the Principal Secretary, Department of Health, Government of Bihar, Patna and whereafter vide Memo No.1419(4), dated 14.09.2012, issued under the signature of the Principal Secretary, Department of Health, Government of Bihar, a reasoned and speaking order was passed. He submits that in para-5, the Principal Secretary proceeded to record that “pwafd flfoy ltZu] leLrhiqj ds i= fnukad&12-11-1992 }kjk ;g izfrosfnr fd;k x;k gS fd ;kfpdkdrkZ lat; dqekj jk; dk uke vf/kxzg.k dh lwph esa “kkfey djus Fkk ijUrq lacaf/kr vkS’k/kky; dk vf/kxzg.k fnukad 23-06-1986 esa gh gqvk gS vkSj ml le; Jh jk; mDr vkS’k/kky; esa fu;qfDr ,oa dk;Zjr Fks tks lfpo] izHkkjh fpfdRlky; ds i= fnukad&11-10-82 tks lfpo] LokLF; foHkkx] fcgkj] iVuk dks izsf’kr djus ls Hkh Li’V gks tkrk gSA ,slh fLFkfr esa vizf”kf{kr feJd ds :i esa ekuuh; mPp U;k;ky; ds vkns”k ds vkyksd esa Jh jk; dk vH;kosnu Lohdkj djrs gq, bUgsa fnukad&23-06-1986 ds izHkko ls lek;ksftr djus dk vkns”k ikfjr fd;k tkrk gSA bl (fnukad&23-06-86 ls 28-09-1996) vof/k dh x.kuk ekuuh; U;k;ky; ds vkns”k ds vkyksd esa dsoy isa”kukfn ykHk ds fy, dh tk;sxhA” 4. The learned counsel for the petitioner further submits that the Principal Secretary came to the conclusion that from the date of take over of the hospital i.e. 23.06.1986 to 28.09.1996, the petitioner was working in the said hospital and therefore he proceeded to pass the order to treat the services of the petitioner for the period 23.06.1986 to 28.09.1996 for the Patna High Court CWJC No.23914 of 2013 dt.16-06-2026 4/7 purposes of calculation of pension and other benefits related to pension. The learned counsel for the petitioner submits that when the Principal Secretary, Department of Health, Government of Bihar found the petitioner to be working in the hospital in question for the period 23.06.1986 to 28.09.1996, it was incumbent upon him to direct for payment of salary for the said period, however no such order was passed by the Principal Secretary and reference has been given to the order dated 06.08.2010, passed in C.W.J.C. No.10249 of 2005, while passing the order with regard to counting the above mentioned period for payment of pension etc. He submits that by the said order dated 06.08.2010, it was left open to the respondent authorities to take decision with regard to payment of salary for the period 23.06.1986 to 28.09.1996, however no decision was taken by the authorities concerned on the prayer of the petitioner for making payment of salary for the said period. He submits that the petitioner is entitled for payment of salary for the period mentioned above, since admittedly he has worked as untrained compounder in the hospital in question. He further submits that similar relief has already been granted to one Indu Kumari, A.N.M., who was also working in the same hospital, from the date of her initial appointment, i.e., 01.09.1984. Patna High Court CWJC No.23914 of 2013 dt.16-06-2026 5/7 SUBMISSIONS ON BEHALF OF THE RESPONDENTS 5. Per contra, the learned counsel appearing on behalf of the State submits that in terms of the order dated 06.08.2010, passed in C.W.J.C. No.10249 of 2005, the period from 23.06.1986 to 28.09.1996 has already been counted for the purposes of giving pension and other benefits to the petitioner. He further submits that the prayer of the petitioner for making payment of salary was already denied by order dated 06.08.2010, passed in C.W.J.C. No.10249 of 2005 and, therefore the Principal Secretary, Department of Health, Government of Bihar has rightly not passed any order on payment of salary for the said period. ANALYSIS & CONCLUSION 6. Having heard the learned counsel for the parties and after going through the records, it appears that the petitioner was not being granted the benefit of his service for the period 23.07.1986 to 02.10.1996, including payment of arrears of salary for the said period. The petitioner preferred a writ petition bearing C.W.J.C. No.10249 of 2005. The writ petition filed by the petitioner was disposed of by a learned Co-ordinate Bench of this Court vide order dated 06.08.2010, whereby while giving liberty to the petitioner to represent before the Principal Patna High Court CWJC No.23914 of 2013 dt.16-06-2026 6/7 Secretary, Department of Health, Government of Bihar, the learned Co-ordinate Bench further observed that it would be open for the competent authority to decide the matter strictly in accordance with law, since no decision has been taken by the learned Co-ordinate Bench on the merits of the case. It further appears that the Principal Secretary, Department of Health, Government of Bihar while passing the order, on the representation filed by the petitioner on 14.09.2012, while taking note of the fact that the petitioner was working for the period 23.06.1986 to 28.09.1996, allowed the benefits of counting his service for the said period for the purposes of making payment of pension and pensionary benefits, however he did not utter a single word with regard to payment of salary to the petitioner for the said period. 7. In the considered opinion of this Court when the Principal Secretary, Department of Health, Government of Bihar came to the conclusion that the petitioner has worked in the hospital in question from 23.06.1986 and he has treated the said period, i.e. 23.06.1986 to 28.09.1996 for grant of service related benefits, i.e., for payment of pension and other benefits, then it was incumbent upon him to pass orders with regard to payment of salary to the petitioner for the said period, however for the Patna High Court CWJC No.23914 of 2013 dt.16-06-2026 7/7 reasons best known to him, he did not pass any order on the said aspect. It has been informed at the Bar that the petitioner has retired on 28.02.2026. 8. Accordingly, the writ petition is allowed with a direction to the respondent authorities to make payment of salary to the petitioner for the period 23.06.1986 to 28.09.1996, since the same has been found to be the period, petitioner was working in the hospital in question, by the Principal Secretary vide his order contained in Memo No.1419(4), dated 14.09.2012, within a period of three months from the date of receipt/production of a copy of the order. 9. Pending application(s), if any, shall also stand disposed of. Sanjay/- (Ritesh Kumar, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 17.06.2026 Transmission Date NA