Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.682 of 2024 ====================================================== Kundan Kumar Son of Ram Lakhan Yadav, Resident of village and P.O.- Chhathiyara, P.S.- Karande, Block- Chewara, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Health Government of Bihar, Patna.

2.

The Regional Additional Director, Munger Division, District- Munger. 3.

The District Magistrate, Sheikhpura.

4.

The Civil Surgeon-cum-Chief Medical Officer-cum- Member Secretary, District Health Society, Sheikhpura.

5.

The Superintendent, Sadar Hospital, District- Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Respondent/s :

Mr. Sunil Kr. Mandal, SC-3 Mr. Bipin Kr., AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2024 The present writ petition has been filed seeking the following reliefs:- "1. i) To issue a writ of Certiorari, setting aside the Memo No.618 dated 19.07.2023, issued by the Superintendent, Sadar Hospital, Sheikhpura (Respondent No.5), by which services of petitioner, who has been appointed/engaged as Data Operator-cum-Ultrasound Assistant on contractual basis, has illegally been terminated w.e.f. 20.07.2023 on the ground that there is no fund available to pay his salary, without issuing any show cause and without affording any opportunity to the petitioner in this regard.

ii) To issue a writ of Mandamus,

Patna High Court CWJC No.682 of 2024(2) dt.15-02-2024 2/2 commanding and directing the respondent authority concerned, to grant required extension of the service period and allow him to discharge his duty as Data Operator-cum-Ultrasound Assistant and to pay his due as well as current salary/wages forthwith, taking into consideration that sufficient fund is available with the Respondent Superintendent, Sadar Hospital, Sheikhpura as per information supplied to the petitioner under R.T.I.

Act, vide his Memo No.882 dated 30.09.2023 (Annexure-7). "

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondents authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U