Nirmal Kumar Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18791 of 2015 ====================================================== Nirmal Kumar Paswan Son of Late Ram Lakhan Paswan, Resident of Mohalla- Raj Nagar, Line Bazar, Near Dak Bungalow Chowk, P.S.- Khajanchi Haat, District- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 3.

The Director, Department of Health, Government of Bihar, Patna. 4.

The Civil Surgeon-cum-Chief Medical Officer, Purnea. 5.

The Incharge Medical Officer, Barhara Kothi, Purnia. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Advocate Mr. Abhay Shanker, Advocate For the Respondent/s :

Mr. Din Bandhu Singh, GP-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2023 The present writ petition has been filed seeking the following relief:- "1. That by filing this application petitioner is invoking the Civil Writ Jurisdiction of this Hon'ble Court for issuance of a writ in the nature of Mandamus commanding the respondents to treat petitioner's service as Grade-III on which date they have been taking work from him since 1998 ignoring the letter dated 11.07.1999 bearing no. 1156 and further for release of consequential arrears of the difference of salary and applicable dues from the date of reduction to the post of grade-IV."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.18791 of 2015(2) dt.05-10-2023 2/2 petitioner seeks liberty on behalf of the petitioner to assail the order dated 11.07.1999 passed by the Civil Surgeon cum Chief Medical Officer, Purnea by approaching the Principal Secretary/Additional Chief Secretary, Department of Health, Bihar, Patna. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate petition is filed assailing the aforesaid order dated 11.07.1999 before the Principal Secretary/Additional Chief Secretary, Department of Health, Government of Bihar, Patna, within a period of four weeks from today, he shall take into account the submissions made by the petitioner in his petition and dispose off the same by a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U