Naween Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4399 of 2021 ====================================================== NAWEEN KUMAR SAH Son of Late Puran Chandra Sah Resident of Masjid Road, Rajyapal Path, Laliyahi, P.o.- Katihar, P.s.- Katihar, District- Katihar854105 ... ... Petitioner/s

Versus

1.

The State of Bihar represented through the Principal secretary, Department of Health, Patna, Bihar 2.

The Principal Secretary, General Administration Department, Govt. of Bihar, Patna 3.

The State Health society through its Executive Director, Sheikhpura, Patna 4.

The Secretary cum Executive Director, State Health Society, Bihar, Parivar Kalyan Bhawan, patna 5.

The Civil Surgeon cum Member Secretary, District Health Society, Katihar 6.

The Medical Officer Incharge, P.H.C. Hasanganj, Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari For the Respondent/s :

Mr. Ajay Bihari Sinha, GA 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"(i) To issue a writ of Mandamus or any other appropriate writ/order/direction commanding and directing the respondents to pay the salary and other arrears for the period from JANUARY 2020 to DECEMBER 2020 due against respondents.

(ii) To direction the Respondent particularly The Incharge Medical officer, P.H.C. Hasanganj, Katihar to produce the notification/letter

Patna High Court CWJC No.4399 of 2021 dt.01-02-2022 2/2 issued by the State Health Society, Patna showing that there is scarcity of allocation of fund for making the payment of the salary to this petitioner which will be paid in due course of time after the receipt of the fund. (iii) Any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the present case."

3. The petitioner is stated to have been paid salary then what remains in the present petition is relating to continuity to pay salary every month with reference to the nature of work discharged by the petitioner. In this regard, the concerned officer is hereby directed to take note of and keep on paying salary as and when it is due to the petitioner with reference to the nature of work extracted from the petitioner.

4. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date Transmission Date