1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.5462 of 2018 ----- Dr. Arbind Kumar Arya, S/o Sri Ram Ram Sharan Prasad, presently posted as Medical Officer, Community Health Centre, Bhandra, Lohardaga, R/o Vidya Nagar, Road No. 3, Sri Nagar, House No.43, Harmu, P.O., G.P.O. & P.S.-Sukhdeonagar, District-Ranchi. … Petitioner. Versus 1. The State of Jharkhand. 2. The Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Nepal House, Doranda, Ranchi. 3. The Deputy Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, Nepal House, Doranda, Ranchi. 4. The Civil Surgeon-cum-Chief Medical Officer, Lohardaga, P.O., P.S. & District-Lohardaga. … Respondents. CORAM : SRI ANANDA SEN, J. ------ For the Petitioner : Mr. Deepak Kumar Prasad, Advocate For the Respondents : Ms. Soumya S. Pandey, A.C. to A.A.G.-I …...... 06 /06.03.2025: Heard the learned counsel for the parties. 2. The petitioner, in this writ application has prayed for following reliefs: - “(a) For quashing of Memo No. 508 (4) dated 07.09.2018 [Annexure-10] passed by Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand whereby the representation of the petitioner for regularization of the service of the petitioner from 19.10.2013 to 03.11.2013 [waiting for posting in Hqr.] and 04.11.2013 to 05.11.2013 [date of joining before Civil Surgeon, Lohardaga to taking over charge as Medical Officer, Bhandra] was rejected although the respondents have admitted the fact that the petitioner has given joining on 19.10.2013 in the Headquarter. (b) For direction upon the respondents after quashing Memo No. 508 (4) dated 07.09.2018 seniority given to the petitioner from the date of joining in the Headquarter and also given seniority as per the merit list of selection list prepared by the JPSC.” 3. The petitioner is praying to regularize the period from 19.10.2013 to 05.11.2013 and pay the salary for the aforesaid period. 4. Admittedly, the petitioner is a doctor who was appointed on 18.10.2013. He joined at the headquarters on 19.10.2013. 2 Thereafter, he was transferred to Bhandra-Lohardaga on 02.11.2013. He joined in the office of Civil Surgeon, Lohardaga on 04.11.2013 and thereafter, he was sent to PHC, Bhandra, when he joined on 06.11.2013. This entire period he was kept waiting for posting. The aforesaid facts has been admitted by the State also. 5. The State has not regularize the period from 19.10.2013 to 05.11.2013 on the ground that the petitioner has joined PHC Bhandra only on 06.11.2013. 6. Admittedly, the petitioner was appointed on 18.10.2013 vide notification No. 1198(3) dated 18.10.2013. Clause 23 of the said letter provides that he will be paid salary and other emoluments from the date when he takes charge of his new post. Further, in Clause 24 of the aforesaid letter it has been specified that the newly appointed Doctors must join by 05:00 p.m. on 25.10.2013. 7. In compliance of the aforesaid direction the petitioner joined on 19.10.2013. This date of joining of the petitioner has not been disputed as the same is also accepted by the authorities. The petitioner thereafter, on 02.11.2013 vide notification No. 1255(3) was transferred and posted at Bhandra-Lohardaga. His status was kept as “waiting for posting” which fact is evident from the aforesaid notification dated 02.11.2013. 8. Admittedly, the petitioner gave his joining on 04.11.2013 in the office of the Civil Surgeon, Lohardaga and thereafter, joined Community Health Center, Bhandra on 06.11.2013. 9. Since, the joining of the petitioner at the headquarters was pursuant to his direction in the appointment notification, his actual date of joining in service should be treated as 19.10.2013. His date of joining at PHC, Bhandra cannot be said to be his initial date of joining. Be it noted that the petitioner was transferred to Bhandra and he was kept waiting for posting. When the petitioner has already joined in service on 19.10.2013 3 and give his joining in the headquarters, there is no occasion as to why he should not be paid his salary from 19.10.2013. Further, there is no ground to not regularize his service from 19.10.2013. 10. Thus, I direct the respondents to pay the salary of the petitioner from 19.10.2013 till 05.11.2013 as it is an admitted case that from 06.11.2013 the petitioner has been paid his salary. Further, the respondents are directed to regularize the period of his service from 19.10.2013 to 05.11.2013, during which he was kept waiting for posting. 11. The aforesaid direction should be complied within eight weeks from today. 12. The impugned order whereby they had rejected the claim of the petitioner to regularize his service from 19.10.2013 to 05.11.2013 and refused to pay the salary for the aforesaid period, is also set aside. 13. Accordingly, this writ petition is allowed. (ANANDA SEN, J.) Arpit/