Dr. Dhananjaya Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9689 of 2023 ====================================================== Dr. Dhananjaya Sharma S/o Late Vishwanath Tripathi, R/o-13-Ved Nagar, Bailey Road, Rukunpura, P.S.-Rupaspur, Dist-Patna, Bihar. At present working As Deputy Superintendent At Government Ayurvedic College Hospital, Kadamkuan, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Health Government of Bihar, Vikash Bhawan, Patna.

2.

The Additional Chief Secretary, Health Department, Government of Bihar, Vikash Bhawan, Patna-1.

3.

The Joint Secretary (AYUSH) Health Department, Government of Bihar, Vikash Bhawan, Patna-1.

4.

The Officer on Special Duty (AYUSH), Health Department, Government of Bihar, Vikash Bhawan, Patna.

5.

Sri Arun Kumar Singh, S/o Ramawatar Singh, R/o-7HF7/47, Bahadurpur Housing Colony, P.S.-Agamkuan, Dist-Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Adv.

For the Respondent/s :

Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-08-2023 On mentioning slip being filed for priority listing, the matter has been listed today under the heading 'To Be Mentioned'.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner has approached this Court raising a grievance regarding posting of the private respondent no. 5 as the Deputy Superintendent in the State Ayurvedic College & Hospital, Patna.

Patna High Court CWJC No.9689 of 2023(2) dt.08-08-2023 2/2

4. The learned counsel for the petitioner, after some arguments, submits that it is evident from Annexure-10 to the writ petition that the matter of posting of other persons, including the petitioner, is pending and that it is required to be expedited. Such submission, however, has to be viewed keeping in background the fact that private respondent no.5 and the petitioner are already engaged in litigation arising out of CWJC No. 5838 of 2020, wherein, the petitioner is a private respondent. However, it is submitted by learned counsel for the petitioner that in the said case, there is no interim order restraining the petitioner's posting. If that be so, the authorities are required to proceed in accordance with law.

5. Petitioner's counsel thus submits that he would be approaching the authorities for appropriate posting in light of Annexure-10 dated 30-06-2023.

6. With liberty, as aforesaid, the writ petition is disposed of.

(Madhuresh Prasad, J) shyambihari/- U