ANANDA SEN,J. - (1.) The petitioner is praying in this writ application to quash the reasoned order dated 24.08.2011 (Annexure-5) by which the period of her service from 05.07.1999 to 29.12.1999 has not been regularised.
(2.) The petitioner was appointed vide a notification dated 02.07.1999 on the post of Homeopathic Doctor by the erstwhile State of Bihar. The said notification is Annexure 6 to the writ application. Clause 2 of the said notification directs the petitioner to give joining at the headquarters in the directorate within 15 days from the issuance of the said notification. It is submitted that the petitioner joined the directorate on 05.07.1999. Petitioner was kept waiting for posting and was posted on 29.12.1999 only. The petitioner thereafter joined to her post at Chatra. Petitioner claims that the period, i.e., from 05.07.1999 to 29.12.1999 (the period when she remained in the directorate, waiting for her posting) has not been regularised and prays for regularisation of the said period. Petitioner had earlier approached this Court by filing a writ application bearing W.P.(S) No. 2039 of 2010, praying for regularisation of the said period. The said writ application was disposed of on 26.10.2010. While deciding the said writ application, this Court had taken into consideration the objections raised by the State. The State had objected the prayer of the petitioner in view of Rule 58 of the Bihar Service Code. The observations made by this Court in the said order reads as under:- Having heard learned counsel appearing for the petitioner and learned counsel appearing for the State, it does appear that the petitioner on being selected was appointed by order dated 2.7.1999 and was asked to give her joining and accordingly, the petitioner gave her joining on the Headquarter on 5.7.999 and waited for regular posting until 29.12.1999 when the order of posting was passed, pursuant to which the petitioner gave his joining and this delayed posting was never occasioned due to fault of the petitioner and as such the petitioner would be entitled to salary for the period from 5.7.1999 to 29.12.1999 as the petitioner on her appointment gave her joining pursuant to an order at the Headquarter and therefore, the petitioner cannot be said to have not joined his duties on 5.7.1999 and therefore, it would not be open for the State to say that the petitioner in terms of Rule 58 of the Bihar Service Code would be entitled to salary only when she gave her joining pursuant to the order of posting.
(3.) After arriving at the said conclusion, this Court remitted the matter to the Secretary, Health, Medical Education and Family Welfare Department, Government of Jharkhand to do the needful and to take a decision with respect to payment of the salary for the said period from 05.07.1999 to 29.12.1999.;