Sandesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8879 of 2019 ====================================================== Sandesh Kumar Son of Ramchandra Prasad Singh Resident of Village Rerwariya Tiwari, P.S. Bhore, District Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.

2.

The Executive Director, State Health Society, Bihar, Patna. 3.

The District Magistrate-cum-Chairman, District Health Society, Purnea, Bihar.

4.

The Civil Surgeon-cum-Member Secretary, District Health Society, Purnea. 5.

The Incharge Medical Officer, Public Health Centre, Amaur, District Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad Adv For the Respondent/s :

Mr.Binod Kumar Yadav (Sc18) For the State Health Society :

Mr. K.K.Sinha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-07-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner, State as well as counsel for the State Health Society ( for brevity 'Society'). Upon instructions of the Executive Director of the respondent-Society, through telecommunication mode, Mr. Sinha, appearing for the respondent- Society, submits that in

Patna High Court CWJC No.8879 of 2019(4) dt.10-07-2020 2/3 view of various orders passed by the High Court as well as the earlier order dated 12.06.2020 passed in the instant proceedings, the Respondent- Society has now formulated a scheme/policy to consider the request of employees, like the petitioner, for transfer on grounds of extreme hardships due to illness of parents etc. Since the claim of the petitioner has not earlier been submitted or considered under the new policy, he submits that if the petitioner applies afresh the same would be considered in accordance with the policy formulated by the Respondent-Society.

In view of such submissions, the petitioner's counsel submits that the petitioner would file his claim for consideration under the new policy. During the course of hearing, one difficulty has been expressed by the counsel for the RespondentSociety that due to prevalent pandemic of covid-19 decease the offices of the Respondent- Society are barely working. Taking judicial notice of the submissions put forth by the State counsel, this court would allow the petitioner four (04) weeks time for making his representation as immediate consideration may not be possible in view of the difficulty expressed by the counsel for the Respondent-Society. If, however, such an application is made within a period of four

Patna High Court CWJC No.8879 of 2019(4) dt.10-07-2020 3/3

(04) weeks, the Respondent-Society , namely, Respondent no.2 shall take a final decision on the petitioner's claim in light of the new policy and pass appropriate orders thereupon within a period of four (04) weeks thereafter in accordance with law. The writ petition stands disposed off with the aforesaid directions.

(Madhuresh Prasad, J) shyambihari/- U