Hem Chandra Khan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6530 of 1996 =========================================================== Nilmani Singh, son of Late Bindeshwari Prasad Singh, resident of Village-Rouna, Sour Bazar, Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Commissioner-cum-Secretary, Health, Medical Education and Family Welfare Department, Government of Bihar, Patna
3. The Director-in-Chief, Health Services, Government of Bihar, Patna
4. The Joint Secretary, Health, Medical Education and Family Welfare Department, Government of Bihar, Patna
5. The Deputy Secretary, Health, Medical Education and Family Welfare Department, Government of Bihar, Patna
6. The Civil Suregon-cum-Chief Medical Officer, Purnea .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 48 of 1997 =========================================================== Hem Chandra Khan, son of Sri. Ram Gulam Khan, resident of Village and P.O.- Bangaon, P.S.-Bangaon, District-Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Commissioner-cum-Secretary, Health, Medical Education and Family Welfare Department, Government of Bihar, Patna
3. The Director-in-Chief, Health Services, Government of Bihar, Patna
4. The Joint Secretary, Health, Medical Education and Family Welfare Department, Government of Bihar, Patna
5. The Deputy Secretary, Health, Medical Education and Family Welfare Department, Government of Bihar, Patna
6. The Civil Suregon-cum-Chief Medical Officer, Purnea
7. The Deputy Director, Health Services, Government of Bihar, Patna .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 1406 of 1997 =========================================================== Shri Parmeshwar Jha, son of Sri Hari Kinker Jha, resident of Village-Bangaon, Police Station-Bangaon, District-Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Health Commissioner-cum-Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, New Secretariat, Vikash Bhawan, Patna
3. The Director-in-Chief, Health Services, Government of Bihar, New Secretariat, Vikash Bhawan, Patna
4. Civil Surgeon-cum-Chief Medical Officer, Purnea, having his office at
Patna High Court CWJC No.6530 of 1996 dt.21-09-2017 2/3 Purnea, Police Station-K. Hat, District-Purnea .... .... Respondent/s =========================================================== Appearance :
(In CWJC No.6530 of 1996) For the Petitioner/s : Mr. SUBODH KUMAR Mr. Rajeev Prakash For the Respondent/s : Mr. (AG) (In CWJC No.48 of 1997) For the Petitioner/s : Mr. DHURJATI KUMAR PRASAD Mr. Rajeev Prakash For the Respondent/s : Mr. (AG) (In CWJC No.1406 of 1997) For the Petitioner/s : Mr. JAGDISH PRASAD BHAGAT For the Respondent/s : Mr. (SC3) =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 21-09-2017 These writ petitions were filed in the year 1996 and the relief claimed was for quashing the letter dated 29.01.1996 issued by the Deputy Secretary, Government of Bihar in the Department of Health, Medical Education and Family Welfare, terminating the services of the petitioners from the post of Family Welfare Workers.
Similar writ petitions filed were dismissed and as L.P.A. No. 499 of 1995 and L.P.A. No. 535 of 1995, filed by petitioners/appellants therein were pending, this Court directed for listing of the matter after decision of L.P.A. No. 499 of 1995 and L.P.A. No. 535 of 1995.
The Office has indicated that both these appeals have been decided on 11.10.2006 and in L.P.A. No. 499 of 1995 and
Patna High Court CWJC No.6530 of 1996 dt.21-09-2017 3/3 L.P.A. No. 535 of 1995, the Division Bench of this Court has issued the following directions:- "The learned counsel for the appellants in both these appeals submit that in view of the order passed by the Division Bench of this Court in L.P.A. No. 946 of 2003(State of Bihar and Anr. Vrs. Purendra Sulankit) and other similar writ petitions on 26th June, 2006 the appellants seeks leave to withdraw the present appeals with liberty to take advantage of the directions contained in the said order of this court. In view of such submissions having been made the appeals are dismissed as withdrawn with liberty to the appellants to take advantage of the directions contained in order of this court dated 26th June, 2006 passed in the said appeal and connected matters to the extent the appellants are entitled to."
Keeping in view the aforesaid, these petitions are also disposed of and opportunity is granted to the petitioners to take recourse to the remedy and benefit as granted by the Division Bench on 11.10.2006 in L.P.A. No. 499 of 1995 and L.P.A. No. 535 of 1995. With the aforesaid, the writ petitions stands disposed of.
(Rajendra Menon, CJ) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03/10/2017 Transmission Date NA