Dr. Hema Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.629 of 2016 ======================================================

1. Dr. Hema Singh Wife of Shri Deepak Kumar Singh resident of Rajopatti, Dumra Road, Police Station - Sitamarhi, District - Sitamarhi, Presently Posted as Touring Veterinary Officer, Majhaulia, West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna

2. The Principal Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna

3. The Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna

4. The Joint Secretary, Animal Husbandry and Fisheries Department, Government of Bihar, Patna

5. The Regional Director, Animal Husbandry and Fisheries Department, Government of Bihar, Patna

6. The Principal Secretary, Department of Finance, Government of Bihar, Patna

7. The Joint Secretary, Department of Finance, Government of Bihar, Patna

8. The Deputy Secretary, Finance Department ( Personal Claim Settlement Cell ), Government of Bihar, Patna

9. The Incharge officer, Finance Department ( Personal Claim Settlement Cell ), Government of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar, Adv. For the Respondent/s : Mr. A.N. Deo- SC26 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05-04-2018 Heard Mr. Ajay Kumar, learned counsel for the petitioner and Mr. Sajid Salim Khan, SC 25 for the State. The petitioner has questioned the decision of the respondent No.3 the Secretary, Animal Husbandry and Fisheries Department bearing Memo No.3936 dated 06.11.2000 whereby the application of the petitioner for grant of Non Practicing Allowances has been

Patna High Court CWJC No.629 of 2016 (2) dt.05-04-2018 2/2 rejected. The petitioner prays for such relief in the light of the stipulations present in Memo No. 2725 dated 15.4.2000. The claim of the petitioner stands discussed in paragraph 5 of the counter affidavit filed on behalf of the Department and at paragraph (ii) thereof it is stated that the petitioner having been appointed as Veterinary Officer on 28.10.1998 was required to give a declaration that she has left/stopped her private practice in tune with the requirements present in the Finance Department's letter No.2725 dated 15.04.2000. It is stated that the petitioner has failed to submit any such declaration and thus her claim for Non Practicing Allowances has been rejected. There is nothing on record to dispute the stand of the respondents present at paragraph 5(ii).

In the circumstances, I am not persuaded to grant indulgence to the relief prayed.

The writ petition is dismissed.

(Jyoti Saran, J) Bibhash U