Rajeshwar Prasad Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15005 of 2013 ====================================================== Rajeshwar Prasad Sharma Son Of Late Bhola Choudhary Of VillageChandila, P.S. Makel, P.O.- Dihi, Distt.- Saran ... ... Petitioner/s

Versus

1.

The State Of Bihar through Chief Secretary, Govt. Of Bihar, Patna 2.

Principal Secretary, Health And Family Welfare Deptt. Bihar, Patna 3.

The Director In-Chief Health And Family Welfare Deptt., Bihar, Patna 4.

The Administrative Officer, Health And Family Welfare Department, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamla Lal Srivastva, Advoate For the Respondent/s :

Mr. A.Ujjwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for issuance of writ in the nature of mandamus directing the respondents to allow 3rd A.C.P. to the petitioner with effect from 01.01.2009 when the petitioner completed 30 years of service.

3. Learned counsel for the petitioner submits that the petitioner has moved earlier before this Hon'ble Court in Civil Writ Jurisdiction Case No. 12863 of 2012 which was disposed off vide order dated 14.08.2012 for the relief i.e. "the petitioner is aggrieved that the pension, gratuity and commutation of pension have not yet been paid to the petitioner. It is the further

Patna High Court CWJC No.15005 of 2013(6) dt.16-06-2025 2/3 claim of the petitioner that part amount of leave encashment has been paid but the remaining amount remains to be paid." Counsel submits that in the said writ petition, liberty was granted to the petitioner to file another writ petition and as such, petitioner has filed the present writ petition. Counsel further submits that prior to filing the present writ petition, petitioner has filed a representation which is annexed as Annexure-2.

4. Learned counsel for the State on the other hand submits that the petitioner has not filed his representation before the proper authority, rather, he has filed his representation before the Administrative Officer. Petitioner is ought to file his representation before the Director In-Chief, Health And Family Welfare Department, Bihar, Patna (Respondent no.3). Counsel further submits that a time may be fixed so that the Respondent no.3 may pass a reasoned and speaking order on the representation filed the petitioner.

5. In the light of the submissions made, it is hereby directed to the petitioner to file a fresh representation before the The Director In-Chief, Health And Family Welfare Department, Bihar, Patna (Respondent no.3) along with a copy of this order within 30 days from today for grant of 3rd A.C.P. Respondent no.3 is directed to pass a reasoned and speaking order on the

Patna High Court CWJC No.15005 of 2013(6) dt.16-06-2025 3/3 fresh representation filed by the petitioner within 90 days thereafter.

6. Hence, with the aforesaid direction, this writ petition is hereby disposed off.

(Dr. Anshuman, J) Divyansh/- U