Sri Chandradeo Jha @ Shri Chandradeo Jha Vikal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5826 of 2019 ====================================================== Sri Chandradeo Jha @ Shri Chandradeo Jha "Vikal", S/o Late Mahadeo Jha resident of Manjhaul P.S- Manjhaul District- Begusarai presently residing at Suprabha Niwas, Bari Pokhar, kachahari Road, Near LIC Office, POBegusarai, P.S-Town Thana, Begusarai, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Secretariat Building, Patna, Bihar 2.

The Health Commissioner cum Principal Health Secretary, Health Department, Government of Bihar, Secretariat Building, Patna, Bihar 3.

The Director, Health Department, Government of Bihar Secretariat, Patna Bihar 4.

The Law Secretary, Law Department, Government of Bihar, Secretariat Building, Patna,Bihar 5.

The Chief Medical officer,(C.M.O) Patna Medical College Hospital, (PMCH), Ashok Rajpath, Patna, Bihar 6.

The Finance Secretary, Finance Department, Government of Bihar, Secretariat Building, Patna, Bihar 7.

The Registrar General, Patna High Court, Patna Bihar 8.

The Director, Health Hospital Limited, Chandralaya Kankarbagh, Patna 800020 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Jha, Advocate For the State :

Mr. Aditya Nath Jha, A.C. to S.C.-18 For the High Court Mr. Mrigank Mauli, Advocate Mr. Prince Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-03-2019 Heard learned counsel for the petitioner and learned counsel for the State of Bihar as well as learned counsel for the High Court.

This writ petition depicts a pitiable state of affairs

Patna High Court CWJC No.5826 of 2019(2) dt.26-03-2019 2/3 where a judicial officer who retired and has attained the age of 75 years has had to prefer this writ petition for a petty medical claim which is pending consideration for the past seven years. It is pointed out by the learned counsel for the High Court that the matter was dispensed by the learned Registrar General on 6th October, 2015 whereafter the petitioner has been pursuing the matter before the concerned department without any results.

This state of affairs is totally unacceptable as any inaction on the part of the Government in dispensing with such petty claims is reprehensible. We therefore record our complete dissatisfaction to the inaction on the part of the State Government in dealing with such matters particularly with regard to the benefits of retired employees of the Judicial Department.

We therefore direct the respondent no.4 to forthwith take up the matter at his end and after calling for a report from the concerned departments issue necessary directions for release of any such admissible claims that may be permissible under Rules to the petitioner within six weeks from the date of presentation of a certified copy of the order before the respondent no.4.

Patna High Court CWJC No.5826 of 2019(2) dt.26-03-2019 3/3 The other respondents in the writ petition shall duly comply with this order and in the event of non-compliance, the matter shall be viewed seriously.

Let the decision taken and the payment if any released be informed to the Registrar General of the Court immediately after six weeks.

The writ petition is disposed of with the aforesaid directions.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) PNM/Saif U