Dr. Yashwant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9270 of 2020 ====================================================== Dr. Yashwant Singh Son of Late Shashi Bhushan Singh C/o. Kalpana Singh, Jogeshwar Bhawan, Resident of Mohalla- Boring Road, P.S.- S.K. Puri, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Health and Family Welfare Department, Government of Bihar, Patna. 2.
The Principal Secretary, Health and Family Welfare Department, Government of Bihar, Patna.
3.
The Principal Secretary, Finance Department, Government of Bihar, Patna. 4.
The Principal Secretary, General Administration Department, Government of Bihar, Patna.
5.
The Secretary, Health and Family Welfare Department, Government of Bihar, Patna.
6.
The Commissioner, Tirhut Division, Muzaffarpur. 7.
The District Magistrate, Vaishali at Hajipur. 8.
The Civil Surgeon-cum- Chief Medical Officer, Vaishali at Hajipur. 9.
The Accountant General, Bihar, 6, Beer Chand Patel Marg, Patna- 800001. 10.
The District Treasury Officer, Vaishali at Hajipur. 11.
The State of Jharkhand at Ranchi.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy, Advocate For the Respondent/s :
Mr. Ajay Bihari Sinha, GA-8 Mr. Upendra Kumar Singh, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-06-2023 Heard Mr. Dilip Kumar Roy, learned counsel appearing on behalf of the petitioner and Mr. Ajay Bihari Sinha, learned GA-8 assisted by Mr. Upendra Kumar Singh, learned AC to GA-8 learned counsel appearing on behalf of the State.
2. It has been informed that the records relating to the date of retirement of the petitioner is traceless. An affidavit has been filed on behalf of the respondent no. 8, in which a
Patna High Court CWJC No.9270 of 2020(7) dt.19-06-2023 2/2 statement has been made that in absence of the date of retirement, on the basis of assumption, it has been recorded in Paragraph No. 7 of the counter affidavit filed on behalf of the respondent no. 1 that the record of the present case reveals that the petitioner's date of birth is 25.09.1947 and on the said basis, the date of superannuation of the petitioner has been assessed to be 30.09.2012. The petitioner is taking advantage of the said statement made in paragraph No. 7 of the counter affidavit.
3. Even assuming that the petitioner had retired on 30.09.2012, the present writ petition has been filed after 8 years and reasons have been assigned for delay. The writ petition cannot be entertained at a belated stage.
4. Accordingly, the writ petition is dismissed. (Purnendu Singh, J) Manish/- minu/- U T