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Patna High CourtMJC/1313/2019disposed

Dr. Nikhat Rizvi v. Sri Sanjay Kumar, Principal Secretary

2024-02-28Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1313 of 2019 In Civil Writ Jurisdiction Case No.15060 of 2008 ====================================================== Dr. Nikhat Rizvi Wife of Dr. S.M.A. Usmani Ex. Lady Medical Officer, Government Tibbi College and Hospital, Kadamkuan, Patna-800003, R/o Mohalla-Naugharwa Colony, Behind Naugharwa Mosque, P.O.-Mahendru, P.S. Sultanganj, District-Patna-800006 Bihar ... ... Petitioner/s

Versus

Sri Sanjay Kumar, Principal Secretary Department of Health and Family Welfare, Government of Bihar, Secretariate, Patna-800013 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Munna Pd Dixit (M.P. Dixit), Advocate Mr. S.K. Dixit, Advocate Mr. S.K. Chaubey, Advocate Mr. Swastika, Advocate Mr. Shailendra Kumar, Advocate For the Opposite Party/s :

Mr. S.D. Yadav (AAG-9) Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-02-2024 Heard the parties.

2. The MJC No. 1313 of 2019 has been preferred for compliance of the order dated 21.09.2017 passed in CWJC No. 15060 of 2008 by which the writ petitions were disposed of with the direction to the State Government to implement the direction of LPA No. 852 of 2012 and analogous cases.

3. A supplementary show cause of opposite party no. 1 (although the office has chosen not to put in any number after the sentence, opposite party no.) has been filed in which the memo no. 846 dated 29.08.2023 issued by the Joint Secretary,

Patna High Court MJC No.1313 of 2019(4) dt.28-02-2024 2/2 Health Department is on record by which the Accountant General, Bihar as also the Finance Department, Bihar was informed that the retirement age of the petitioner is enhanced from 60-62.

4. Learned counsel for the petitioner submits that though an order is passed on 29.08.2023, the actual benefit has still not been made to him.

5. If the statement of the learned counsel for the petitioner is correct, the Accountant General, Bihar is required to take immediate steps and pay the amount so accrued to the petitioner/heirs after verification of proper documents.

6. The MJC No. 1313 of 2019 stands disposed of. (Rajiv Roy, J) kiran/- U