Naushad Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3771 of 2015 =========================================================== Naushad Khan S/o kyamnddin Khan, Resident of village- Murgia Tola, P.oBaraharia, P.s+Dist-Siwan .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Health Dept., Govt. of Bihar, Secretariat, Patna.

2. D.M, Shiwan, Office of D.M., Shiwan.

3. The Civil Surgon, Barharia(Block), Hospital Road, Barharia Block, Dist-Shiwan.

4. The Chief Medical officer Siwan, Hospital Road, Siwan, Dist-Siwan.

5. The Civil Surgeon cum - member secretary, District Health Committee-Siwan, Hospital Road, Siwan.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Din Bandhu Mishra, Advocate For the State : M/s. Raj Nandan Prasad, S.C.9 and Pankaj Majorwar, A.C. to S.C.9 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 03-04-2015 I have heard learned counsel for the petitioner and the State.

Through this writ application, the petitioner seeks direction to the respondents for payment of his dues for the period commencing from March, 2009 to March, 2010 amounting to Rs.1,75,500/- and also to return the security money of Rs.10,000/- deposited by him.

The petitioner claims that he was selected vide Annexure-2 for providing Ambulance Service to the Additional Primary Health Centre, Kailgarh (Baraharia). Accordingly, he provided service to the satisfaction of the concerned and has been paid

Patna High Court CWJC No.3771 of 2015 dt.03-04-2015 2/2 the due amount from May, 2008 to February, 2009. He claims that he has provided such service till March, 2010 but the due amount from March, 2009 till March, 2010 is yet to be paid by the authority concerned.

The work order appears to have been issued by the Secretary of the District Health Committee, Siwan. Learned counsel for the State submits that the District Magistrate happens to be the Chairman of the Committee.

Accordingly, let the petitioner approach the District Magistrate, Siwan by filing a representation along with a copy of this order. In such case, let him examine the claim of the petitioner and take a decision within a period of four weeks from the date of filing of such representation. If some amount is found to be due to be paid to the petitioner then that should be paid preferably within a period of four weeks failing which the admitted unpaid amount would carry simple interest at the rate of 10% per annum to be calculated from the date it became due till its final payment.

This writ application stands disposed of.

(Dr. Ravi Ranjan, J) N.H./- U