Mahendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2504 of 2023 ====================================================== Mahendra Ray Son of Late Paltu Ray Resident of Village- Korbadha, P.S.- Muffasil, District- Samastipur.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Samastipur.

3.

The Civil Surgeon-cum-Chief Medical Officer, Samastipur. 4.

The In-charge Medical Officer, Primary Health Centre, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ramadhar Singh (GP-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-07-2023 1.

The petitioner has been denied extension of his services post-superannuation as Dresser, Paramedical staff at the primary health centre Korbadha, Samastipur.

2.

The court has made a specific query as to whether there is any provision giving a right to the petitioner for extension.

3.

Learned counsel for the petitioner relies upon Annexure-1 and submits that recommendation has been made for extension, but the same has been rejected. 4.

It is a basic principle for exercise of jurisdiction under Article 226 of the Constitution that a right must subsist in favor of the petitioner which is capable of being enforced by

Patna High Court CWJC No.2504 of 2023(4) dt.13-07-2023 2/2 issuance of a direction under Article 226. The petitioner has not made out any right based on any rule, direction, provision or departmental instruction on which he can claim a right to extension, post-retirement.

5.

That being the fact, this court is not inclined to entertain the writ petition.

(Madhuresh Prasad, J) SUMIT/- U