Ram Bhajan Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2197 of 2018 In Letters Patent Appeal No.1693 of 2013 ====================================================== Ram Bhajan Yadav Son of Sri Khushi Lal Yadav Resident of Village- KhoerRamani, P.S. Borahi, District- Madhubani at Present C/o Sri Raj Narayan Yadav Treasury Assistant Treasury Office, Darbhanga, District- Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sri Sanjay Kumar, Son of not Known Presently Posted as Secretary, Department Of Health And Family Welfare Department, Government Of Bihar, Patna

3. Sri Chandra Mohan Mishra Son of not known Presently Posted as The Director In Chief, Health Services, Govt. of Bihar, Patna

4. Dr. Chandra Shekhar Prasad Singh Son of not known Presently Posted as the Collector , Darbhanga District- Darbhanga.

5. Dr. Baban Kumar Son of not known Presently Posted as The Regional Deputy Director, Health Services, Darbhanga Division, Darbhanga

6. Dr. Dileep Kr. Mishra Son of not known Presently Posted as The Civil Surgeon Cum Chief Medical Officer, Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-02-2019 After the matter was heard, it transpires that a fresh order has been passed by the authorities with regard to the status of payment as being raised by the applicant. This we find from the show cause on behalf of the opposite party No.6 filed on 28th September, 2018. The affidavit has been sworn by one Mr. Dileep Kumar Mishra, Civil Surgeon, Darbhanga, who along with the said affidavit has brought on record the order dated 11th

Patna High Court MJC No.2197 of 2018(3) dt.07-02-2019 2/3 June, 2018, which refers to a direction issued by the High Court in C.W.J.C. No.1627 of 2017 disposed of on 21st March, 2018. We have also perused the order dated 21st March, 2018 and the said writ petition was also filed by the same applicant through the same counsel. It is thereafter that the order was passed by the Director, Health Services, Bihar, Patna, on 11thJune, 2018, disposing of the claim of the applicant and describing in detail about the status of the financial benefits relating to the applicant. The representation and the request for reviewing the same has been rejected.

Learned counsel submits that it appears that the said show cause and the order have not been served on the learned counsel for the applicant. He may obtain a copy from Mr. Prem Ranjan Kumar, learned Assistant counsel to A.A.G.-9 and may take appropriate steps to challenge the orders which affect the applicant in accordance with law.

We, however, after having heard the matter, find it expedient to leave it open to the applicant to question the correctness or otherwise of the order dated 11thJune, 2018 or 28.02.2018 which has been brought on record before the appropriate forum in accordance with law.

The application is consigned to records with the said

Patna High Court MJC No.2197 of 2018(3) dt.07-02-2019 3/3 observations.

(Amreshwar Pratap Sahi, CJ) (Anjana Mishra, J) Sanjeev/-saif/- U