Patna High CourtCWJC/15460/2012dismissed

Dr. Jainarayan Chaudhary v. The State Of Bihar And ORS

2018-09-14Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15460 of 2012 ====================================================== Dr. Jainarayan Chaudhary, S/O Late Lachhoo Chaudhary, R/O Chandi, P.S.- Chandi, District- Nalanda .... .... Petitioner

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Health, Government Of Bihar, Patna

3. Joint Secretary-Cum-Director, Indigenous Medicine, Bihar, Patna

4. The Deputy Secretary to the Government Department Of Health, Medical Education and Family Welfare, Bihar, Patna

5. The Secretary, Finance Department, Government of Bihar, Patna

6. The Under Secretary, Finance Department, Government of Bihar, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar, Adv. For the Respondent/s : Mr. Anshuman Singh, AC to AG ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-09-2018 Heard learned Counsel for the parties.

The petitioner while questioning the order dated 14.05.2012 of the Principal Secretary, Health Department raises the claim of interest on delayed payment at the rate of 12% even when the order so sought to be challenged is passed by the Principal Secretary in compliance of the order of this Court in CWJC No. 15515/2011, a copy of which is enclosed at Annexure5 of the writ petition and nowhere accords this benefit to the petitioner, rather the order directs the petitioner to file a representation before the Principal Secretary on the matter of delay giving discretion to the Principal Secretary to take action in

Patna High Court CWJC No.15460 of 2012 (2) dt.14-09-2018 case he is of the opinion that any person in particular was responsible for the delay. The order at Annexure-5 nowhere allows interest to the petitioner even after taking note of the complaint on the grant of delayed benefit to the petitioner. The writ petition is misconceived and is dismissed accordingly.

(Jyoti Saran, J) Archana/Surendra U