Binod Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5823 of 2021 ====================================================== Binod Kumar Das, Son of Sri ram Chandra Das, Resident of Village and P.O.- Sarmastpur, P.S.- Mahnat, District- Vaishali. ... ... Petitioner/s

Versus

1.

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

2.

The Project Director, Bihar State AIDS Control Society, Sheikhpura, Patna. 3.

The Joint Director, CST, Bihar State AIDS Control Society, Sheikhpura, Patna.

4.

The District Magistrate, Vaishali.

5.

The Civil Surgeon-Cum-Chief Medical Officer, Vaishali at Hajipur. 6.

The In-charge Medical Officer, PPTCT, Sadar Hospital, Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Singh For the Respondent/s :

Mr.Rajeshwar Singh (GA-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 04-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of COVID-19 Pandemic.

2. State counsel accepts notice for the respondents.

3. Learned counsel for the petitioner is hereby directed to furnish copy of the writ petition to the learned counsel for the respondents.

4. Heard learned counsel for the parties.

5. In the instant petition, the petitioner has prayed for the following releifs:

"That this is an application for issuance of an appropriate writ(s)/order(s)/direction (s) for quashing of the order contained in memo no.1074 dated

Patna High Court CWJC No.5823 of 2021 dt.04-02-2022 2/2 10.12.2019 passed and issued by the Project Director, Bihar State AIDS Control Society, Patna, whereby and whereunder the services of the petitioner as Lab Technician from Sadar Hospital, Hajipur, has been terminated in a very mechanical manner and without appreciating the facts and circumstances as well as prevailing law. And/or for a direction to the respondents to reinstate the petitioner on his post with all consequential and ancillary benefits of service and consequently also pay all arrears of salary as well as the emoluments of arrears of salary due since 01.04.2019. And / or pass such any other order / orders which may deem fit and proper."

6. The petitioner has already invoked the remedy of appeal before the Appellate Authority on 16.01.2020 and it is pending consideration.

7. Therefore, the Appellate Authority is hereby directed to decide the appeal of the petitioner in accordance with law within a period of four months from the date of receipt of a copy of this order.

8. The writ petition stands disposed of.

(P. B. Bajanthri, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.02.2022 Transmission Date NA