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Patna High CourtCWJC/5382/2025disposed

Abhishek Kumar v. The State Of Bihar

2025-10-14Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5382 of 2025 ====================================================== Abhishek Kumar S/o Sri Ram Janam Prasad, R/o village- Kaithi, P.S. - Mujradh, District - Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Health Department, Govt. of Bihar, Patna.

2.

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

The Officer on Special Duty cum Deputy Secretary, Health Department, Govt. of Bihar, Patna.

4.

The Civil Surgeon cum Chief Medical Officer, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Kumar For the Respondent/s :

Mr.Addl. Advocate General (05) Mr. Vishwabhar Prasad, AC to AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-10-2025 Heard the parties.

2. In the present writ application, the petitioner has prayed for the grant of following relief(s):- That the present application is for issuance of a writ in the nature of writ of mandamus directing the concerned respondent authority to accept the joining of the petitioner from the date he has given the same, in light of the notification vide memo no. 748 dated 19.07.2024 issued by the Health Department, Government of Bihar with all consequential benefits. And/or pass such other order/orders as this Hon'ble Court may think fit and proper in the facts and circumstance of the case.

3. During the course of argument, learned counsel for the petitioner has drawn the attention of this Court to a communication contained in Letter No. 3451 dated 30.11.2024

Patna High Court CWJC No.5382 of 2025(2) dt.14-10-2025 2/2 contained in Annexure-3 to the writ application by which the Civil Surgeon-cum-Chief Medical Officer, Nalanda had sought guideline from the Special Secretary, Department of Health, Government of Bihar regarding acceptance of joining of the petitioner. The Court has been informed that till date no guideline has been issued in light of Letter No. 3451 dated 30.11.2024 contained in Annexure-3 to the writ application.

4. With the consent of parties, this writ application is being disposed of directing the Special Secretary, Department of Health, Government of Bihar to immediately, preferably within two weeks, issue a guideline in light of Letter No. 3451 dated 30.11.2024 contained in Annexure-3 to the writ application to the Civil Surgeon-cum-Chief Medical Officer, Nalanda and Civil Surgeon-cum-Chief Medical Officer, Nalanda shall act in accordance with the said guideline without wasting any further time.

5. With the aforesaid observation and direction, this writ application stands disposed of (Sandeep Kumar, J) Vikas/- U