Bikesh Kumar Prasad And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12074 of 2014 ======================================================

1. Bikesh Kumar Prasad and Ors son of Shri Krishna Nand Prasad, resident of village Post- Lahezi Tola, P.S.- M.H. Nagar, Hasanpur, District- Siwan

2. Pappu Kumar singh, son of Shri Ambika Singh, resident of MohallaGausganj Satpahari, Post- Chowk Ara, District- Bhojpur

3. Ajay Kumar, son of Shri Rajendra Prasad, resident of Village- Ratriyaganj, Post P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

1. The State Of Bihar and Ors Health and Family Welfare Department, Bihar, Patna

2. Director-in-Chief, Health Services, Bihar, Patna

3. Regional Deputy Director, Health Services, Saran Division, Chapra

4. Civil Surgeon-cum-Chief Medical Officer, Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinav Srivastava, Advocate For the Respondent/s :

Mr.Suresh, AC to GP 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 25-02-2019 Petitioners were appointed as drivers in Grade III under the various offices of the Civil Surgeon and its attached offices under the Directorate of Health Services. It is his submission that due to non-availability of vehicles in the various offices at the District levels they are working in various medical colleges. The petitioners apprehend that due to non-availability of vehicles they are likely to be deprived of having work in future. The petitioners' counsel draws attention of this Court towards decision dated 16.03.2007 of the State Government addressed to the various Regional Deputy Directors, Health Services. Relying upon the same it is submitted that the Department was contemplating conversion of the sanctioned post of drivers to appropriate posts in case of non-availability of

Patna High Court CWJC No.12074 of 2014 dt.25-02-2019 2/2 vehicles. Decision has to be taken at the departmental level. On the basis of apprehension, this Court would not issue a direction exercising writ jurisdiction in favour of the petitioners. However, on the submission made by counsel for the petitioners, this Court would dispose off the writ petition with liberty to the petitioners to take appropriate steps to avail the decision of the State government's decision dated 16.03.2007 departmentally.

Writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date