Dr. Shanti Mishra v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4966 of 2021 ====================================================== Dr. Shanti Mishra wife of Late Chandeshwar Chaudhary resident of Mohalla - Mahatma Gandhi Nagar, kanti Factory Road, P.S. - Patrakarnagar, Kankarbagh ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Medical Education and Family Welfare Department, New Secretariat, Vikas Bhawan, Patna.

2.

The Director-in-Chief, Health Medical Education and Family Welfare Department, New Secretariat, Vikas Bhawan, Patna. 3.

Under Secretary, Health, Medical Education and Family Welfare Department, New Secretariat, Vikas Bhawan Patna. 4.

The Accountant General, Beerchand Patel Path, Patna. 5.

The Treasury Officer, Collectorate Treasury, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Banwari Sharma, Advocate Mr. Sahjanand Sharma, Advocate For the Respondent/s :

Mr. AC to GP-21 For the AG :

Mr. Raj Nandan Prasad, Advocate Mr. Vishesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-09-2024 Heard Mr. Banwari Sharma, learned Advocate for the petitioner and the learned Advocate for the State.

2. Learned Advocate for the petitioner contended that be that as it may, during the pendency of the writ petition, certain substantive amount has been paid to the petitioner under the retiral benefits/other dues. But there are still certain grievances of the petitioner, for which in the earlier round of litigation, when the petitioner approached before this Court in

Patna High Court CWJC No.4966 of 2021(13) dt.23-09-2024 2/3 CWJC No. 7301 of 2011, the petitioner was given liberty to approach before the concerned authority. In terms of the order of this Court dated 26.04.2016 passed in the aforenoted case a proper representation (Annexure-4) was filed before the Principal Secretary, Department of Health, Government of Bihar which was duly received on 16.05.2016, but till date, the grievance of the petitioner, as raised in the aforenoted representation, has not been considered and disposed off.

3. Learned Advocate for the petitioner further contended that the petitioner apart from an old ailing hapless widow, she is unable to move without the help of other and, as such, in the interest of justice, if the representation of the petitioner filed way back in the year 2016 be considered and disposed off, the grievance of the petitioner shall be redressed.

4. Learned Advocate for the State, on the other hand, contended that the averments made in the counter affidavit suggest that all the admissible amount has been paid to the petitioner.

5. Considering the submissions advanced on behalf of the parties and taking note of the submissions, which remained unanswered by the answering respondent, this Court deems it proper to direct the Principal Secretary, Department of Health,

Patna High Court CWJC No.4966 of 2021(13) dt.23-09-2024 3/3 Government of Bihar to consider the representation of the petitioner (Annexure-4 dated 16.05.2016) and dispose off the same to meet the ends of justice, preferably within a period of twelve weeks, from today.

6. The writ petition stands disposed off with the aforenoted direction.

(Harish Kumar, J) shivank/- U