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Patna High CourtCWJC/13326/2021disposed

Dr. Smt. Mallika Singh v. The State Of Bihar

2023-12-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13326 of 2021 ====================================================== Dr. Smt. Mallika Singh Wife of Kundan Krishnan, Resident of Rajendra Nagar, Road No.- 8C, District- Patna.

... ... Petitioner/s

Versus

1.

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

2.

The Joint Secretary, Health Department, Govt. of Bihar, Patna. 3.

The Deputy Secretary, Health Department, Govt. of Bihar, Patna. 4.

The Civil Surgeon cum Chief Medical Officer, Patna. 5.

The Medical Superintendent, Nalanda Medical College and Hospital, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagannath Prasad, Advocate For the Respondent/s :

Mr.Nagendra Pd. Yadav (Sc23) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2023 1.

The present writ petition has been filed seeking the following relief:- "For issuance of an appropriate writ in the nature of mandamus for directing the respondents to pay the salary of the petitioner from 05.11.2012 the date of joining to 06.10.2013 the date the joining of the petitioner was accepted."

2.

At the outset, the learned counsel for the respondents submits, by referring to the counter affidavit filed in the present case that since the petitioner was kept waiting for posting by the Department of Health, Government of Bihar from 05.11.2012 to 06.10.2013, a decision is required to be taken by

Patna High Court CWJC No.13326 of 2021(2) dt.13-12-2023 2/2 the Health Department with regard to payment of salary for the said period.

3.

Having regard to the stand taken by the respondents, I deem it fit and proper to direct the Additional Chief Secretary, Department of Health, Government of Bihar, Patna to take a decision with regard to regularization of the aforesaid period, during which the petitioner was kept waiting for posting and accordingly, make payment of the arrears of salary, within a period of four weeks of receipt/production of a copy of this order.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U