Ram Narayan Mistri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5454 of 2015 =========================================================== Ram Narayan Mistri, S/o - Late Jawahar Mistri, R/v- Chiraiyatar, Postal Park , Road, No. 3, P.S. - Jakkanpur, Distt. - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Health Services, Government of Bihar, Patna.

3. The Director in Chief, Health Services, Government of Bihar, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Respondent/s : Mr. Kumar Alok, SC-7 Mr. Raj Kumar Singh, AC to SC-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 20-01-2017 Heard Mr. Vijay Kumar Sinha, learned counsel appearing for the petitioner and Mr. Kumar Alok, learned Standing Counsel No.7 for the State.

The writ petition is filed praying for issuance of a writ in the nature of mandamus commanding the respondents to make appropriate correction in the memo number of the letter of appointment of the petitioner dated 25.8.1989 as referred to by the Director-in-Chief, Health Services, Government of Bihar, Patna in the letter dated 18.3.2015 addressed to the Civil Surgeon, Jehanabad requiring a confirmation on the appointment letter of the petitioner dated 25.8.1989. According to Mr. Sinha, although the appointment letter of the petitioner present at Annexure-1 bears memo no.1270 but since it is faint hence it was read as '923' when its confirmation was being sought by the

Patna High Court CWJC No.5454 of 2015 dt.20-01-2017 Director-in-Chief vide letter dated 18.3.2015 (Annexure-6). Learned counsel however, with reference to Annexure-B of the first supplementary affidavit which is a letter dated 24.3.2015 of the Directorin-Chief, Health Services addressed to the Civil Surgeon, Jehanabad and Annexure-8 of the third supplementary affidavit which is a letter dated 16.4.2015 of the Civil Surgeon -cum- Chief Medical Officer, Jehanabad in response to the letter dated 24.3.2015 of the Director-in-Chief, Health Services present at Annexure-B submits that whatsoever confusion that was existing in the memo number of the appointment letter of the petitioner dated 25.8.1989, now stands rectified to read as Memo No.1270. He submits that the grievance and confusion prevailing, has been put at rest. The position is not disputed by Mr. Kumar Alok, learned Standing Counsel No.7 appearing for the State. In the circumstances discussed, nothing further requires to be done in the present proceeding and the writ petition is disposed of accordingly.

(Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23-01-2017 Transmission Date NA