Om Prakash v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9992 of 2016 ====================================================== Om Prakash Son of late jay Prakash @Kamalji Resident of Village- Purohit Niwas Dumka ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

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

The Joint Secretary, Health Department , Govt. of Bihar, Patna. 4.

The Joint Secretary, Governor Secretariat, Patna. 5.

The Superintedent , Nalanda Medical College Hospital Patna. 6.

The Principal, Nalanda Medical College Hospital Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kulanand Jha, Advocate For the Respondent/s :

Mr. Manikant Mishra- Gp25 ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL JUDGMENT Date : 20-11-2024 Heard learned counsel for the parties.

2. The petitioner, who claims to have been appointed on the post of Peon at pay scale 4 in the Nalanda Medical College & Hospital in the year 1976 and assigned duty in the cycle stand by the college authorities, has filed this writ petition seeking a direction to pay salary to the petitioner for the period 02.08.1976 to 05.08.1977.

3. The respondent No. 5 / Superintendent, Nalanda Medical College & Hospital has filed a counter affidavit, wherein, it has been stated that the petitioner was neither appointed as a Peon nor he was assigned work in the cycle stand of Nalanda Medical College & Hospital. Accordingly, it is the stand of the respondent No. 5 that since the petitioner was neither appointed as

Patna High Court CWJC No.9992 of 2016 dt.20-11-2024 2/2 Peon nor assigned work in the cycle stand of the Nalanda Medical College & Hospital, the petitioner is not entitled to salary.

4. Though, the counter affidavit by the respondent No. 5 was filed on 28.11.2018, the petitioner has not filed any rejoinder denying the correctness of the statements made by the respondent No. 5 that the petitioner was neither appointed as Peon in Nalanda Medical College & Hospital nor he was assigned duty in the cycle stand of the Nalanda Medical College & Hospital.

5. Under the circumstances, the petitioner has not been able to prove that he was appointed as a Peon in the year 1976 in the Nalanda Medical College & Hospital and he was assigned duty in the cycle stand of the Nalanda Medical College & Hospital by the college authorities.

6. In view of the above, no direction as prayed for by the petitioner in the writ petition can be given to the respondents. Accordingly, the writ petition is dismissed being devoid of merit. (Nani Tagia, J) Siddharth Sagar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.11.2024 Transmission Date NA