The High Court held that applicants were entitled to salary arrears for discharge of duties during their contract period but refused continuations due to expired terms.
Direction issued to Respondent No.7 to consider and decide on petitioners' prayer for payment of salary arrears within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.294 of 2016
=========================================================== Appearance : For the Petitioner/s : Mr. Shivendra Kishore, Sr. Adv. Mr. Jai Kishor Poddar For the Respondent/s : Mr. Vivek Anand Amritesh, AC to SC-28
===========================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 30-01-2018
Heard Mr. Shivendra Kishore, learned senior counsel appearing on behalf of the petitioners and Mr. Vivek Anand
Amritesh, learned Assisting Counsel to Standing Counsel No.28 for the State.
The prayer of the petitioners is two-fold, namely:
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In the nature of the order which this Court proposes to pass it does not require a filing of counter affidavit.
Suffice it to say that these two petitioners were appointed by the District Health Society, Darbhanga on the post of Medical Officer vide order bearing Memo No.450 dated 24.3.2015, a copy of which is placed at Annexure-1 to the writ petition which engagement was for a period of one year. The petitioners submit that they gave their joining on 30.3.2015 before the Civil Surgeon, Darbhanga vide Annexures 2 and 2/1. The petitioners were posted at the Primary Health Centre, Jalley where they gave their joining on 31.3.2015 vide Annexures 3 and 3/1. According to the petitioners, they have discharged their duties to the satisfaction of the superior authority and although they have paid their remuneration after 11.8.2015 but their arrears of salary from 31.3.2015 until 11.8.2015 remains pending with the respondents.
Mr. Shivendra Kishore, learned senior counsel appearing
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for the petitioners has invited the attention of this Court to the representations enclosed with the writ petition at Annexures 4 and 4/1 to submit that not only the petitioners prayed for payment of arrears of salary but they also prayed for their continuation but neither of the two prayers has been entertained by the respondents.
As I have observed that there is no counter affidavit and since the period of engagement has ended long before with no continuity order issued, in so far as the prayer of the petitioners for allowing them to continue on their respective post is concerned, this Court is not persuaded to issue any direction for the reason that the contractual period has ended and the nature of engagement was contractual. However, in so far as the payment of arrears of salary is concerned since according to the petitioners they have discharged their duties for the period in question they are certainly entitled for the arrears of salary. According to Mr. Kishore, it is the Civil Surgeon as the Member Secretary of the District Health Society, Respondent no.7 who is the appropriate authority for the purpose.
Having heard learned counsel for the parties and considering the nature of grievance which remains pending as of today, I deem it proper to direct the Civil Surgeon –cum- Member Secretary, District Health Society, Darbhanga, respondent no.7 to consider the prayer of the petitioners for payment of arrears of
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salary for the period from 31.3.2015 to 11.8.2015 and dispose of the same within a period of three months from the date of receipt/production of a copy of this judgment.
The writ petition is allowed with the direction
aforementioned.
(Jyoti Saran, J)
SKPathak/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 17.02.2018 |
| Transmission Date |
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2 issues framed by the court
Whether the petitioners are entitled to arrears of salary for the period 31.3.2015 to 11.8.2015 despite the termination of their one-year contractual engagement.
Whether the High Court should direct the respondents to allow the petitioners to continue in their post of Medical Officer after the expiry of the contract.
Dr. Nishant Nikhil
Dr. Rekha Kumari
The State of Bihar through Principal Secretary, Health Department, Government of Bihar
The State Health Society, Bihar through Executive Director, Family Welfare Building, Sheikhpura, Patna
The Executive Director, Family Welfare Building, Sheikhpura, Patna
The Incharge Medical Officer, Primary Health Centre, Jalley
JYOTI SARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
