Patna High CourtCWJC/12606/2014disposed

Kailash Prasad Mandal v. The State Of Bihar And ORS

2017-09-05Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12606 of 2014 ====================================================== Kailash Prasad Mandal, Son of Sri Dasrath Mandal, resident of VillagePeprehi, P.S.- Raghopur, District- Supaul. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Commissioner- cum- Secretary, Department of Health, Government of Bihar, Patna.

3. The Director in- Chief, Health Department, Government of Bihar, Patna.

4. The Civil Surgeon- cum- Chief Medical Officer, Saharsa.

5. In- Charge Medical officer, Primary Health Centre, Mangwar, DistrictSaharsa .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Shashi Bhushan Kumar, Advocate. For the Respondents : Mr. R.R. K Pandey, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The following reliefs have been sought for by the petitioner in the present writ application:

"I. For issuance of writ of mandamus commanding upon the respondents for adding yearly increment in the salary of the petitioner after putting the petitioner in scale of 1200-30-1800 on the date from which petitioner was granted promotion (25.03.1988) from Class IV post to Class III post vide Memo No. 477 dated 14.02.2012 under the signature of Civil Surgeon, Saharsa.

II. For issuance of writ of mandamus, directing the respondent to give benefit of A.C.P. to the petitioner from the date

Patna High Court CWJC No.12606 of 2014 (2) dt.05-09-2017 2/3 of his entitlement.

III. For issuance of writ of mandamus, directing the respondent authorities for the payment of difference of salary from 25.03.1988 to till date which will be occurred after adding the yearly increment in the salary of the petitioner.

IV. For issuance of writ of mandamus directing the respondents to give monetary benefits to the petitioner from the effective date of promotion (25.03.1988) to till date for which the petitioner is entitled."

Considering the reliefs sought for on behalf of the petitioner, the petitioner is directed to file a representation before the respondent no. 3, the Director-in-Chief, Health Department, Bihar, Patna, for redressal of his grievance as sought for in the present writ application within a period of two months. The respondent no. 3, the Director-in-Chief, Health Department, Bihar, Patna, shall consider the representation filed on behalf of the petitioner and pass a reasoned order in accordance with law within a period of three months from the date of receipt/production of such representation.

If required, the petitioner may approach the respondent no. 3 for personal hearing before passing of final order. If any admitted claims is there the respondent shall ensure that the same is paid to the petitioner.

Patna High Court CWJC No.12606 of 2014 (2) dt.05-09-2017 3/3 With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U