Patna High Court
Sanjai Kumar RaiversusThe State Of Bihar and Ors
- Decided
- Disposal
- ALLOWED
- Bench
- RITESH KUMAR
Holding
The court held that the petitioner is entitled to payment of salary for the period 23 June 1986 to 28 September 1996 and directed the respondents to make such payment.
Summary
The petitioner, Sanjai Kumar Rai, an untrained compounder employed at Prabhas Chikitsalaya since 1984, claimed that he was denied salary for the period 23 June 1986 to 2 October 1996 after the hospital was taken over by the State of Bihar. An earlier writ petition (C.W.J.C. No.10249 of 2005) was disposed with a direction to approach the Principal Secretary, who later acknowledged the petitioner’s service for pension calculations but did not order salary payment. The petitioner argued that the same relief granted to Smt. Indu Kumari should apply to him, seeking arrears of salary for the same period. The State contended that the earlier order already settled the matter and that salary could not be awarded. The High Court examined the records, noted the omission of a salary order despite recognition of service, and held that the authority was obliged to pay the arrears. Consequently, the court directed the respondents to pay the petitioner his salary for the period 23 June 1986 to 28 September 1996 within three months. The petition was allowed.
Issues considered
- Whether the petitioner is entitled to payment of salary arrears for the period 23 June 1986 to 28 September 1996 despite a prior order counting his service only for pension benefits.
- Whether the failure of the Principal Secretary to order salary payment violates the petitioner’s service rights under applicable service rules.
- Whether the relief granted to Smt. Indu Kumari is applicable to the petitioner.
Subjects
- service benefits
- salary arrears
- pension
- writ petition
- public service
- health department
- untrained compounder
Judgment
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
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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
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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 essa 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
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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.
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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
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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
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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.
(Ritesh Kumar, J.)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.06.2026
Transmission Date NA
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