SHRIDHAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this writ application, the petitioner has prayed for quashing of the order dated 9.3.2002 passed by the Commissioner and the Secretary to the Health Department of the Government of Bihar rejecting the prayer of the petitioner for payment of salary for the period May, 1992 to December, 2000 as also for a consequential relief by way of a direction to the respondents to make payment of salary of the petitioner for the aforementioned period.

(3.) The facts giving rise to this writ application lie in a very narrow compass. The petitioner, holding the post of Basic Health Inspector while working at Patna, was transferred by the Civil Surgeon of Patna to Bikram by an order dated 19.12.1989. The said order of transfer was initially stayed on 23.1.1990 but ultimately the petitioner was directed to join at Bikram and was relieved on 20.8.1991 under the order of the Director-in-Chief of the Health Services. Though the petitioner claimed that on 4.11.1991, the Civil Surgeon, Patna on being orally directed by the Director-in-Chief had allowed the petitioner to continue at Patna but as such continuation of the petitioner at Patna had affected adversely one Chitranjan Kumar Singh also posted at Patna on the same post, the petitioner s posting and continuation at Patna was no longer allowed by the Civil Surgeon in view of an order passed by this Court on 1.5.1992 in CWJC No. 6224 of 1991 filed by aforesaid Chitranjan Kumar Singh claiming payment of salary against the solitary post of Basic Health Inspector against which both the petitioner and Chitranjan Kumar Singh were claiming their continuation at Patna.