Patna High CourtC. REV./58/2019disposed

Dr. Ajay Kumar v. The State Of Bihar And ORS

2025-04-24Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVIEW No.58 of 2019 In Civil Writ Jurisdiction Case No.6034 of 2015 ====================================================== Dr. Ajay Kumar Son of Late Anirudha Prasad Vill.- Puranikilla, Baniyatoly, P.S.- Siwan, Dist.- Siwan, presently posted as Ayurvedic Chikitsa Padadhikari, Zila Sanyukta Aushdhalaya, Saharsa, Bihar.

... ... Petitioner/s

Versus

The State of Bihar through its Secretary, Department of Health, Bihar, Patna 2.

The Secretary, Department of Health, Bihar, Patna 3.

The Director (AYUSH), State of Bihar Patna 4.

The State of Jharkhand through its Secretary, Health, Ranchi, Jharkhand 5.

The Secretary, Department Health, Ranchi, Jharkhand 6.

The Director,, Department of AYUSH, Ranchi Jharkhand 7.

District Deshi Chikitsa Padhadhkari, East Champaran, Motihari 8.

District AYUSH Chikitsa Padhadhikari Jamtara, Jharkhand Ranchi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate Mr. Satish Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kr. Verma, AC to AG-9 For the Respondent no. 8:

Mr. Dev Kumar Pandey, SC-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner and the State.

2. The present petition has been preferred for: "Review of the order dated 29.01.2019 passed in CWJC No. 6034/2015 (Dr. Ajay Kumar Versus The State of Bihar and Others) by Hon'ble Mr. Justice Madhuresh Prasad (as his lordship then was) whereby and where under some wrong facts has been placed by the counsel of the

Patna High Court C. REV. No.58 of 2019(6) dt.24-04-2025 2/3 petitioner and as such Your lordships has been pleased to dismiss the writ petition with liberty to the petitioner to approach before the respondent no. 8."

3. After some arguments, learned counsel for the petitioner submits that he be granted liberty to agitate the matter before the appropriate authority in line with the observation made by the Writ Court in CWJC No. 6034 of 2015 (Dr. Ajay Kumar vs. The State of Bihar & Ors.) which was disposed of on 29.01.2019.

4. In paragraph nos. 4 to 7 of the order dated 29.01.2019, the writ Court observed as follows: "4. Learned counsel for the petitioner submits that the petitioner is ready and willing to return the said amount but would be making his claim for regularization of the said period as per the leave available to his credit. It is submitted that the petitioner would make his application before respondent No 8 for such consideration.

5 In view of the said submission, no further order is required to be passed in the instant proceedings.

Patna High Court C. REV. No.58 of 2019(6) dt.24-04-2025 3/3 6 Liberty is granted to the petitioner to approach respondent No 8 for the relief as prayed by the petitioner, without expressing any opinion on the merits of the petitioner's claim, which has to be considered in accordance with law.

7. With the liberty aforesaid, writ petition is dismissed."

5. Granting said liberty, the present review petition stands disposed of.

(Rajiv Roy, J) Adnan/- U