Dr. Uma Shankar Madhup v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8110 of 2015 ====================================================== Dr Uma Shankar Madhup son of Late Sri Deonandan Ram resident of Village- Khairatia, P.O. &.P.S. Koela Deva, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

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

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 4.

The Joint Secretary, Health Department, Govt. of Bihar, Patna. 5.

The Regional Deputy Director, Health Services Bihar Saran. 6.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Durgesh Nandan, Advocate For the S t a t e :

Mr Manoj Kr Sinha, AC to GA IX For the A G :

Mr Ram Yash Singh, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and the respondent-State.

The petitioner, a Civil Surgeon was kept waiting for posting in the office of the Regional Deputy Director (Health Services), Saran in between 19.08.2010 till 20.08.2011. He submits that the period, during which he has been kept waiting for posting, has to be regularized by the respondents for which he has approached the respondent-authorities by his representation dated 06.04.2013.

The petitioner's representation, which was submitted

Patna High Court CWJC No.8110 of 2015(2) dt.17-07-2019 2/2 before respondent No 4, was required to be considered and the relief of regularization should be granted to the petitioner in accordance with law, if found admissible.

On account of inaction of the Authorities, by not considering the petitioner's representation, he has been compelled to approach this Court by the instant proceedings. Writ petition, therefore, need not be kept pending as the decision on the petitioner's claim has to be taken by the authorities themselves as per Rule/law.

Writ petition is disposed of with a direction to respondent No 4 to take a final decision on the petitioner's representation dated 06.04.2013 (Annexure 11) within a period of eight weeks from the date of receipt/production of a copy of this order.

If it is found admissible, the benefits should also be paid to the petitioner within a period of one month thereafter. (Madhuresh Prasad, J) M.E.H./- U