Asha Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6030 of 2020 ====================================================== Asha Bharti daughter of Sri Ram Kishore Singh and wife of- Bikash Kumar, resident of - Niwas Plaza-2, Vidyapuri Colony, Malahi Pakri P.S.- Patrakar Nagar, District-Patna. PIN- 800020.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary to the Government of Bihar, Depatment of health, Patna-1.

2.

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

Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna-800014, through its Director.

4.

The Registrar, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna - 800014.

5.

The Dean, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna - 800014.

6.

The Administrative Officer, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna - 800014.

7.

The Principal, Nursing College, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna - 800014.

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

For the Petitioner/s :

Mr. Mrinal Mohan, Advocate For the Respondent/s :

Mr.Nagendra Pd. Yadav (Sc18) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for following reliefs:- "i. To issue an appropriate writ/order/direction to the respondents for the

Patna High Court CWJC No.6030 of 2020 dt.10-01-2022 2/2 payment of salary to the petitioner for the period of 2 years while the petitioner was on study leave from 22.05.2017 to 21.05.2019.

ii. To grant any other relief or reliefs for which the petitioner may be found entitled to."

3. The concerned respondent has not passed any order as to why petitioner is not entitled for salary for the study leave period from 22.05.2017 to 21.05.2019.

4. Thus, the competent authority is hereby directed to pass speaking order as to why petitioner is not entitled to relief of salary during the study leave period. Such speaking order shall be passed after due consideration of relevant statutory rule or executive orders of the State Government and communicated to the petitioner within a period of two months from the date of receipt of this order.

5. With the above observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date