Sunil Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6646 of 2015 ====================================================== Sunil Kumar Son of Sri Rajendra Pathak Resident of village- Paprour, Post Office- Paprour, Police Station- Barauni, District- Begusarai ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Health, Bihar, Patna 2.

The Director-in-Chief, Health, Services, Bihar, Patna. 3.

The Deputy Director, Health Services-cum-State Programme Officer Tuberculosis, Bihar, Agamkuan, Patna 7 4.

The Secretary-cum-Executive Director, State Health Society, Pariwar Kalyan Bhawan, Sheikhpura, Patna 5.

District Magistrate-cum-President, District Health Committee, Saran at Chapra.

6.

District Magistrate-cum-President, District Health Committee, Khagaria. 7.

Civil Surgeon-cum-Member Secretary, District Health Committee, Saran at Chapra.

8.

Civil Surgeon-cum-Member Secretary, District Health Committee,Khagaria. 9.

District Tuberculosis Officer, District T.B. Centre, Saran at Chapra. 10.

District Tuberculosis Officer, District T.B. Centre, Khagaria. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Shashi Dhar Jha, Advocate For the Respondents :

Mr. Md. N. Hoda Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

In spite of the writ petition having been filed in the year 2015 till date no counter affidavit has been filed by the State respondents.

On 1.10.2012 the Deputy Director cum State Progrmme Officer (TB) directed cancellation of the petitioner's

Patna High Court CWJC No.6646 of 2015(2) dt.02-04-2019 2/3 contract and also for lodging First Information Report against the petitioner. He has directed not to give any remuneration to the petitioner. The same was challenged by the petitioner by way of the writ petition. Petitioner's writ petition bearing C.W.J.C.No. 22054 of 2012 which was finally disposed of on 24.1.2014. In compliance of order passed in the said writ petition, the same Deputy Director who had earlier issued order dated 1.10.2012, issued order dated 23.6.2014 wherein he has held the petitioner entitled to remuneration for the period 23.5.2012 till 31.10.2012 as well as for payment of advance honorarium for one month to the petitioner. Other terms and conditions given in earlier order dated 1.10.2012 however, have not been interfered with.

The writ petition has been filed with a grievance that in spite of the said order of the Deputy Director dated 23.6.2014, the petitioner has not been paid his dues, as directed. Since the issue is to be redressed by the Deputy Director in compliance of his own order, writ petition is disposed of with a direction to the Deputy Director, Health Services-cum-State Programme Officer Tuberculosis, Bihar, Agamkuan, Patna 7 (respondent no.3) to make payment in compliance of his order dated his order dated 23.6.2014 if there

Patna High Court CWJC No.6646 of 2015(2) dt.02-04-2019 3/3 is no other impediment, within a period of eight weeks from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) Shashi U