Shakti Shankar Bhatacharya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15213 of 2014 ====================================================== Shakti Shankar Bhatacharya son of Bhawani Shankar Bhatachariya, Bengali Pada Rajgir, P.S. Rajgir, District- Nalanda .... .... Petitioner

Versus

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

2. The Manager, Natya Jayoti Sewa Mandiram Veerayatan, Rajgir, Nalanda

3. The Director, Veerayatan N.J.S.M., Rajgir, Distt- Nalanda .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kishore Srivastava For the Respondent/s : AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

30-01-2016 Heard Sri Raj Kishore Srivastava, learned counsel for the petitioner and learned A.C. to Standing Counsel - 16. The petitioner, invoking writ jurisdiction of this Court, has made a prayer for directing the respondents to pay outstanding retiral dues. It has been stated that the petitioner was appointed in the year 2009 and retired on 31-03-2014 from Veerayatan Eye Hospital, Rajgir, Nalanda.

Learned State counsel has raised preliminary objection on the point of maintainability of the writ petition. He submits that the respondent no. 2 and 3 are not State within the meaning of Article 12 of the Constitution of India. Learned counsel for the petitioner tried to persuade

Patna High Court CWJC No.15213 of 2014 (2) dt.30-01-2016 2/2 the Court that said organization is within the meaning of State. The Court is of the opinion that no such writ can be issued against a private institution.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U