Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20338 of 2012 ====================================================== 1. Dr.Kartik Prasad Singh S/O Late Badri Narayan Singh Resident Of Ward No. 14, Jaipal Patti, Madhepura, Police Station- Madhepura (Town), District- Madhepura. Versus .... .... Petitioner/s 1. The State Of Bihar 2. The Director, Health Services, Bihar, Patna. 3. The Executive Director, State Health Society, Bihar, Patna. 4. The District Magistrate- Cum- Chairman, District Health Society, Madhepura. 5. The Civil Surgeon- Cum- Member, Secretary, District Health Society, Madhepura. 6. The District Development Commissioner- Cum- Member, District- Health, Society, Madhepura. 7. The Chief Medical Officer, Madhepura. 8. The In- Charge Medical Officer, Primary Health Centre, Gamharia, Madhepura. 9. The In- Charge, Medical Officer, Primary Health Centre, Murliganj, Madhepura. 10. The Block Development Officer, Madhepura. 11. The Block Development Officer, Murliganj, Madhepura. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bindhyachal Singh with Mr. Satya Prakash, Adv. For the Respondent/s : Ms. Kumari Amrita GP10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 21-10-2013 Heard learned counsel for the parties as with regard to the following reliefs prayed in this writ application:- "(i) For issuance of a writ in the nature of certiorari or any other appropriate writ, order or direction for quashing of the order contained in memo no. 488 dated 11.08.2011 issued under the signature of Civil Surgeon-cum-Member Secretary, District Health Society, Madhepura, whereby the services of the
Legal Reasoning
Patna High Court CWJC No.20338 of 2012 (2) dt.21-10-2013 2 petitioner has been terminated from the post of Medical Officer, Primary Health Centre, Murliganj by revoking the contract for appointment executed between the petitioner and respondents on the ground that he has crossed the age of 60 years as his date of birth is 04.07.1951. (ii) For issuance of a writ in the nature of mandamus or any other appropriate writ for directing the respondents to reinstate the petitioner on his service with all consequential reliefs including payment of remuneration/salary and arrear of remuneration/salary for the period in which the services of the petitioner was terminated by the respondents without any fault of the petitioner and further to treat the service of the petitioner as continuous without any break. (iii) For issuance of a writ in the nature of mandamus or any other appropriate writ directing the respondents to pay the arrear of remuneration/salary for the service rendered by the petitioner with consequential benefits and interest thereon at the rate of 18%. (iv) For holding that the termination of service of the petitioner by the respondents is highly illegal, void and unsustainable in the eye of law." 2. While this Court is not inclined to interfere with the order of removal of the petitioner as directed in the order dated 11.08.2011 for a simple reason that the petitioner with Patna High Court CWJC No.20338 of 2012 (2) dt.21-10-2013 3 his eyes open had accepted the terms of the contract which had given him service for a period of two years and therefore, when such appointment letter had also bound the petitioner with a specific condition that after completion of the period of two years his services would automatically come to an end, the petitioner on completion of the period of two years service cannot be heard to say that he ought to have been continued in service even after completion of a period of two years. In that view of the matter, the removal of the petitioner from service on completion of the period of two years will require no interference from this Court. 3. The rest of the grievance of the petitioner, however, will still be required to be looked into by the Civil Surgeon cum Member Secretary of the District Health Society, Madhepura, inasmuch as, once it is admitted that the petitioner has worked as a Doctor for a period of two years on the basis of contract, he would be entitled for his legitimate amount of remuneration. To that extent the following statement made in paragraph nos. 31 to 36 readings as follows:- "That it is stated that the petitioner in the entire period of service i.e. 18.08.2009 to 11.08.2011 regular payment of his has never remuneration/salary as was required to be paid by the respondents on monthly basis and the payment has been made very haphazardly. received Patna High Court CWJC No.20338 of 2012 (2) dt.21-10-2013 4 the service, That it is stated that on 25.03.2010, after approximately 7 months the into petitioner was paid a sum of Rs. 97,802/- vide a cheque bearing no. 766355 dated 25.03.2010 drawn on his remuneration/salary and after the said payment, again the respondents overlooked the payment to the petitioner and no other payment was made in the year 2009 and 2010. towards India, Bank State of That the petitioner was constrained to submit a representation on 18.02.2011 addressed to the C.M.O., Madhepura requesting him to release the remuneration/salary to the petitioner and to issue statement of salary for the purpose of Income return. The petitioner was then paid a sum of Rs. 1,36,936/- vide a cheque bearing no. 240909 dated 25.03.2011 drawn on State Bank of India, towards his remuneration/salary. This cheque was paid after a period of one year from the 1st payment made to the petitioner. That the petitioner being frustrated by the callous approach of the respondent in making the payment of the remuneration/salary, the petitioner represented before the Chairman, District Health Society, Madhepura on two further occasion i.e. 30.05.2011 and 25.07.2011 requesting for arrear of remuneration/salary and statement of salary for the purpose of Income return. The petitioner since his appointment has been working sincerely, regularly and diligently and to the satisfaction of superior authority. He has been working as per roaster duty in PHC and he has been attending the scheme of Polio duty and also attended Swasth Chetna Yatra. That the petitioner has been lastly paid a sum of Rs. 1,09,740/- vide cheque no. 24111 dated 17.11.2011 drawn on State Bank of India towards his remuneration/ of remuneration/salary. arrears salary and That it is stated that apart from the aforesaid three cheques (Annexure-14, 15 and 17 to this writ petition), the petitioner has not received any further amount towards his remuneration/salary and arrears of remuneration/salary. Even the total amount paid by the said three cheques is not enough towards the Patna High Court CWJC No.20338 of 2012 (2) dt.21-10-2013 5 amount of remuneration/salary for the period of service of the petitioner and there is still outstanding arrears of remuneration/salary of the petitioner which the respondents are liable to pay to the petitioner with interest." having been not controverted, this Court would give liberty to the petitioner to approach the Civil Surgeon cum Member Secretary of the District Health Society, Madhepura, who will get the necessary accounting done for considering the grievance of the petitioner towards non payment of remuneration for the period of two years in which work was taken from him as a Doctor on the basis of contract. It is however made clear that nothing said in this order, will come in the way of the respondents in rejecting the claim of the petitioner, if on such accounting, it is found that whatever amount was due and payable to the petitioner has already been paid to him. 4. This exercise, however, must be completed within a period of three months from the date of receipt of this order which has to be accompanied with a claim of the petitioner in the form of his representation. 5. With the aforementioned observation and direction,
Decision
this application is disposed of. Ranjan/- (Mihir Kumar Jha, J)