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Patna High CourtCWJC/1466/2012disposed

Dr.Md.Khalil Ansari v. The State Of Bihar And ORS

2019-10-21Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1466 of 2012 ====================================================== DR.MD.KHALIL ANSARI Son Of Abdul Latif Ansari Resident Of Village - Dhangarha, P.S.- Baniyapur, District - Saran, At Present Deputy Director Unani Suspended Deshi Chikitsa ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department Of Health, Government Of Bihar, Patna 3.

The Joint Secretary-Cum-Director, Indigenous System Of Medicine J. C. M., Government Of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivek Anand Amritesh For the State :

Mr.Manoj Kumar, AC to GP 4 For the BPSC Mr. Ranjit Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-10-2019 Heard counsel for the petitioner and counsel for the respondents.

Petitioner had worked as Deputy Director, Unani Medicine in between 08.10.1991 to 07.01.2004 whereby he was subsequently promoted to the said post.

For the period of officiation, it is submitted by counsel for the petitioner that he was otherwise qualified to hold higher post and he had actually performed the duties of the post thereof for a considerable long period of more than 12 years. In the circumstance, it is submitted that claim of the petitioner was to be considered by the authority for grant of salary for the post of Deputy Director based on provision

Patna High Court CWJC No.1466 of 2012(4) dt.21-10-2019 2/2 contained in Rule 58 read with 103 of the Bihar Service Code Rules.

Counsel for the petitioner submits that in this regard he has submitted representations which are contained in the writ petition as Annexure 11 series.

Counsel for the petitioner further submits that he would be supplementing said representations before the authority by relying upon pronouncement of this court in this regard in support of his claim.

If such supplement is filed within four weeks, respondent-authorities would be obliged to consider the same as per entitlement in accordance with law within a period of three months thereafter.

Writ petition is disposed of.

(Madhuresh Prasad, J) s.hassan/- U