Dr. Abind Kumar Derhgawan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3262 of 2014 In Civil Writ Jurisdiction Case No. 20481 of 2012 ====================================================== Dr. Abind Kumar Derhgawan son of Sri Umesh Kumar Derhgawan, Resident of E/102, Raj Kishore Complex, Kankarbagh Road, Police Station Kankarbagh, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar through Mr. Deepak Kumar, the Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna.

2. Sri Sanjay Kumar,the joint Secretary, Department of Health, Govt. of Bihar, New Secretariat, Patna.

3. Sri Yashpati Mishra, the Deputy Secretary, Department of Health, Govt. of Bihar, New Secretariat, Patna.

4. Sri Rajendra Prasad Jha,the Additional Secretary, Department of Health, Govt. of Bihar, New Secretariat, Patna.

5. Sri S.K.Aman, the Civil surgeon-cum-Chief Medical Officerr, Bhojpur (Ara).

.... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Sinha For the Respondent/s : Mr. Devendra Kr Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 08-09-2015 Heard learned counsel for the parties.

While this Court is not inclined to initiate a proceeding of contempt in view of the stand taken by the opposite parties and also taking into account the reply of the petitioner dated 15th November, 2014, as contained in Annexure 'D' to the show cause reply of O.P.No.5, this much grace can still be shown to the petitioner that if he now goes to the office of the Civil Surgeon, Bhojpur and fulfills all the requirement for getting his retirement benefit, the Civil Surgeon shall ensure that the payment of

Patna High Court MJC No.3262 of 2014 (2) dt.08-09-2015 retirement benefit is made to the petitioner within a period of three months from the date of fulfillment of all the requirement which has to be again given to the petitioner in writing and also compliance thereof also has to be made by the petitioner in writing.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U