IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13123 of 2010
1. MADHURANJAN KUMAR S/O SRI CHANDRABHUSHAN OJHA R/O VILL.-
KHABRA, P.S.- SADAR, DISTT.- MUZAFFARPUR
2. ABHISHEK KUMAR S/O CHANDRABHUSHAN OJHA R/O VILL.-
KHABRA, P.S.- SADAR, DISTT.- MUZAFFARPUR
3. SANTOSH KUMAR S/O SRI RABINDRA KISHORE OJHA R/O VILL.-
KHABRA, P.S.- SADAR, DISTT.- MUAFFARPUR---PETITIONERS
Versus
1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY
DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA
2. DIRECTOR IN CHIEF, HEALTH SERVICES DEPARTMENT OF HEALTH,
GOVERNMENT OF BIHAR, PATNA
3. CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MUZAFFARPUR
4. ADDITIONAL CHIEF MEDICAL OFFICER, MUZAFFARPUR
5. IN-CHARGE MEDICAL OFFICER PRIMARY HEALTH CENTRE, AURAI,
MUZAFFARPUR--------------------------RESPONDENTS
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2 8.4.2011 After some argument, learned counsel for the
petitioners confines his prayer to the issue of payment of salary for
the period they have worked.
There has been an occasion for a Division Bench
of this Court in the case of Gautam Kumar Choudhary vrs. The
State of Bihar & others reported in 2009 (1) PLJR 589,
specially in paragraph-5 of the said decision that even in a case of
illegal appointment the person cannot be denied his salary for the
period he had worked.
Taking queue from the said decision the prayer of
the petitioners seems to be reasonable and in accordance with law.
This writ application is disposed of with a
direction upon the respondents that they will take steps for
payment of salary of the petitioners at least for the period they had
worked on due verification of record in this regard.
RPS (Ajay Kumar Tripathi,J.)