Dr. Pramod Kumar Varma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6313 of 2019 ====================================================== Dr. Pramod Kumar Varma, son of Late Rama Kant Verma, resident of Plot No.-224A, Patliputra Colony, P.S.- Patliputra, District.- Patna ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Health Medical Education-cum-Family Welfare Department, Govt. of Bihar, New Secretariat, Patna 3.

The Additional Secretary, Health Medical Education-cum-Family Welfare Department, Govt. of Bihar, New Secretariat, Patna 4.

The Joint Secretary, Health Medical Education-cum-Family Welfare Department, Govt. of Bihar, New Secretariat, Patna 5.

The Under Secretary, Health Medical Education-cum-Family Welfare Department, Govt. of Bihar, New Secretariat, Patna 6.

The Accountant General, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Srivastava, Advocate For the Respondent/s :

Mr. Ramadhar Singh (GP-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 23-04-2019 The petitioner, who is a retired Doctor, though has been paid all the financial benefits which had hitherto been denied to him but he has not been asked for an option to indicate the date from which he would want fixation of his salary in terms of Fundamental Rule 22(1)(a) and (17).

2. Mr. Amit Srivastava, learned advocate for the petitioner has drawn the attention of this Court to an order passed in MJC No. 2860 of 2016 on 25.08.2018 wherein,

Patna High Court CWJC No.6313 of 2019 dt.23-04-2019 2/3 this Court, while dealing with the matter had taken note of the fact that such option had not been asked for from the petitioner and therefore one part of the grievance of the petitioner had remained un-redressed. The Bench, after noting it down, held forth an expectation from the authority concerned that a decision on the representation of the petitioner, if made by him, would be taken within a period of two months of such receipt of representation.

3. Till date, the representation of the petitioner has not been disposed off.

4. Under the aforesaid circumstance, the Principal Secretary, Health Medical Education-cum-Family Welfare Department, Government of Bihar, Patna (respondent No. 2) is directed to dispose off the representation of the petitioner by a reasoned order which has been filed earlier on 05.09.2018 (contained in Annexure-9 to this petition) within a period of four weeks from the date of receipt/production of a copy of this order.

5. Needless to state that if the claim of the petitioner is found to be tenable, necessary sequel order be

Patna High Court CWJC No.6313 of 2019 dt.23-04-2019 3/3 passed or caused to be passed within the aforesaid stipulated period.

6. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27/04/2019