Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7188 of 2020 ====================================================== Shailendra Kumar son of late Ram Krishna Mehta resident of Mohalla- West Ram Krishna Nagar, Post- New Jaganpura, P.S.- Ram Krishna Nagar, DistrictPatna. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Finance, Govt. of Bihar, Patna. 3.

The Principal Secretary, Health Department, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Sinha For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard learned counsel for the parties.

The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of necessary direction upon the respondent authorities to enhance the age of superannuation of the regular teachers working in Govt. Pharmacy Institute, Agamkuan from 65 to 67 years as similar benefit has been granted to the teachers of Medical Education, Dental Education and Physiotherapy Education.

Patna High Court CWJC No.7188 of 2020(2) dt.22-09-2020 2/3 (ii) For necessary direction upon the respondent authorities to take a decision in this regard to 31.10.2020 as the petitioner would be superannuating on that date upon attaining the age of 65 years and thereafter, there is no Professor of Pharmacy in the entire State of Bihar to take over the responsibility of the Principal of the Govt. Pharmacy Institute, Agamkuan."

At the outset, the learned counsel for the petitioner submits that the petitioner would be approaching the Principal Secretary, Department of Finance, Government of Bihar, Patna for redressal of his grievances, however, the notification of the Finance Department dated 08.09.2016 and the notification of the Finance Department dated 03.05.2017, as contained in Annexure-6/A and 6/B respectively to the present writ petition, be directed to be considered.

Having regard to the limited prayer made on behalf of the petitioner, I deem it fit and proper to dispose off the present writ petition with liberty to the petitioner to approach the Principal Secretary, Department of Finance, Government of Bihar, Patna by filing appropriate representation within a period of four weeks from today, which is directed to be considered and disposed off in accordance with law, having due regard to the aforesaid notifications dated 08.09.2016 and 03.05.2017, as contained in Annexure-6/A and 6/B respectively to the present

Patna High Court CWJC No.7188 of 2020(2) dt.22-09-2020 3/3 writ petition, within a period of four weeks of filing of such representation by the petitioner herein.

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