Vidyawati Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3943 of 2016 ====================================================== Vidyawati Pathak Wife of Sri Ravindra Nath Pathak resident of Village Chirayatar Po - Kankarbagh District Patna at Present Posted as Professor Department of Health Govt. Ayourvedic College Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Dept. of Health Medical Education Family Welfare and Indigenous Medicine 3.

The Secretary, Dept of Health Medical Education, Family Welfare and Indigenous Medicine Govt.

4.

The Director Indigenous MedicineGovt. of Bihar, New Secretariate Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sujeet Kumar Sinha For the Respondent/s :

Mr.Birju Prasad, GP 13 Mr. Anmol Kumar , JC to GP13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-05-2019 Heard counsel for the petitioner and counsel for the respondents.

Petitioner is aggrieved by withdrawing of his promotion under notification dated 19.01.2016. The reason assigned in the said order is that same has been done in compliance of decision of this court in writ petition arising out of CWJC no. 1046/2005 as also judgment in LPA no.8563/2015 and LPA no.877/2015.

Since withdrawal of the petitioner's promotion as professor is on the basis of the order passed in writ proceeding, counsel for the petitioner submits that he may be granted liberty

Patna High Court CWJC No.3943 of 2016(2) dt.02-05-2019 2/2 to seek remedy against the order passed in CWJC no. 1046/2005.

Writ petition is, therefore, disposed off with liberty, as prayed for.

(Madhuresh Prasad, J) s.hassan/- U