Satish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8597 of 2017 ====================================================== Satish Kumar S/o late Sarjoo Prasad Resident of Mohalla- Murarpur, Devi Asthan in the town of Gaya, P.S. Kotwali, District Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Health Department, Government of Bihar, Patna. 3.

The Director-in-Chief, Heath Services, Bihar, Patna. 4.

The Director Health Services, State Leprosy Control Office Bihar, Swasthya Bhawan, Mahendru, Patna- null null 5.

The Deputy Director (Hq) Health Services -cum- State Programme officer, State Leprosy Control Office 6.

The Civil Surgeon -cum-Chief Medical officer, Gaya. 7.

The Additional Chief Medical officer-cum-Drawing and Disbursing officer, Gaya.

8.

The District Leprosy Officer, Gaya.

9.

The In-charge Medical officer, Primary Health Centre, Manpur, DistrictGaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Kiran Sinha, Advocate For the Respondent/s :

Mr.Ramadhar Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-01-2021 Heard both parties.

The following relief has been sought for in the present application on behalf of the petitioner :

1(i) Let a mandamus be issued to treat the petitioner to have retired voluntarily with effect from 30th April 2017 as mentioned in the notice under Rule 74 (b)(i) of Bihar Service Code as a consequential to such retirement, the respondents be directed to pay pension, leave salary, D.C.R.G. etc.

Patna High Court CWJC No.8597 of 2017(5) dt.07-01-2021 2/2 The present writ application has been filed challenging the order, by which the application of the petitioner under V.R.S. was not accepted by the authority.

It has been submitted that the petitioner has already superannuated during the pendency of the present writ application. The Counsel for the petitioner submits that to that extent the present writ application has become infructuous, but he further points out that his reliefs relating to A.C.P. and other retiral benefits are still to be redressed by the respondents. Considering the submissions made on behalf of the petitioner, the petitioner is directed to file a detail representation in respect of the post retiral benefits before the competent authority. On filing of such representation, the competent authority shall consider the representation of the petitioner and pass an appropriate order in accordance with law within a period of eight weeks from the date of filing of such representation. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U