Smt. Sushila Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3228 of 2024 ====================================================== Smt. Sushila Kumari Daughter of Sri Nawal Kishore Sah, Mohalla - Basadhiya Basarisa Police Station - Dalsingh Sarai, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary-Cum-Commissioner Department, Health Medical Education and Family Welfare Government of Bihar, Patna. 2.

The Director-in-Chief, Health Services Government of Bihar, Patna. 3.

Dr. Sanjay Kumar Chaudhary, Civil Surgeon-Cum Chief Medical Officer Rohtas at Sasaram.

4.

Dr. Brijesh Kumar Thakur, Civil Surgeon-Cum-Chief Medical Officer, Samastipur.

5.

Dr. Brijesh Kumar Thakur, Medical Officer, Incharge Primary Health Center Kalyanpur Block At Samastipur.

6.

Dr. Md. Muslim Ansari Medical Officer, Incharge Primary Health Center Singhiya Block At Samastipur.

7.

Dr. Vijay Kumar, Medical Officer, Incharge Primary Health Center Sarairanjan Block At Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Mujtabaul Haque ( Gp 12) Mr.Vasant Vikas, AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ application has been filed for the issuance of a writ in nature of 'Mandamus' or some other appropriate writ or writs or order or directions directing the respondent authorities no.5,6 and 7 to give payment

Patna High Court CWJC No.3228 of 2024(2) dt.22-03-2024 2/3 of salary to the petitioner since she was appointed on 26.05.1995 by District appointment Committee, Health Department at Primary health center Karakat (RohtasGorari) whereas respondent authority has not made payment since 1st July 1997 to December 1999 due to the reason that the services of the petitioner was terminated but the same was set aside by the High Court, but still the respondent authority have not paid any heed to the request of the petitioner."

2. At the outset, the learned counsel for the respondents has not disputed the fact that salary is required to be paid to the petitioner for the period 01.07.1997 to December, 1999 on account of quashing of the order of punishment of dismissal from service by a co-ordinate Bench of this Court vide order dated 08.12.1999, passed in CWJC No.3702 of 1999.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Additional Chief Secretary, Department of Health, Government of Bihar, Patna to ensure payment of the admitted outstanding dues of salary of the petitioner, as aforesaid, within a period of two weeks of receipt/production of a copy of this order.

Patna High Court CWJC No.3228 of 2024(2) dt.22-03-2024 3/3

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U