Shambhu Nath Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1421 of 2022 In Civil Writ Jurisdiction Case No.15446 of 2019 ====================================================== 1.

Shambhu Nath Azad son of Sri Damodar Prasad Yadav, Resident of Village GanjBajitpur, Post-Milkichak, P.S.-Bahadurpur, District-Darbangha, at present working as Ophthalmic Assistant in the office of Director Rajendra Nagar Super Spatiality Eye Centre Patna P.S. Kadam Kuan, Dist.-Patna. 2.

Surendra Prasad Yadav, son of Ramasis Prasad Yadav, resident of Village Maqsoodpur Bahlempur, P.O. and P.S.-Shahjahanpur, District-Patna at present working as Ophthalmic Assistant in the office of Director Rajendra Nagar Super Spatiality Eye Centre Patna P.S. Kadam Kuan, Dist.-Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary General Administration Department, Government of Bihar, Main Secretariat, Patna.

3.

The Principal Secretary Department of Health, Government of Bihar, New Secretariat, Patna.

4.

The Special Secretary Department of Health, Government of Bihar, New Secretariat, Patna.

5.

The Director-in-Chief (Disease Control Public Health Para Medical), Health Services, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 31-08-2022 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

2/5 "1. For recalling the order dated 12.07.2022 passed in CWJC No. 15446 of 2019 and also for the restoration of CWJC No. 15446 of 2019 which was dismissed for default due to nonprosecution." For the reasons mentioned in the application, the same is allowed.

C.W.J.C. No. 15446 of 2019 is restored to its original file and number and is taken up for hearing. C.W.J.C. No. 15446 of 2019 Heard learned counsel for the parties.

Petitioners have prayed for the following relief(s):-

3/5

4/5 Learned counsel for the petitioners prays for passing of similar order which has been passed in C.W.J.C. No. 9780 of 2014 titled as Mushtari Begum & Ors Vs. The State of Bihar & Ors.

Ordered accordingly.

Prayer of the petitioner is that the writ application may be disposed of with a direction to the respondents to consider the representation of the petitioner and dispose it of in accordance with law within a fixed time in the light of the provisions of Bihar Ophthalmic Assistant Joint Cadre (Recruitment and Service Condition) Rule 2011 as notified in the Official Gazette on 07.06.2011. This writ application is accordingly disposed of with a direction to the respondent no. 5, namely, Directorin-Chief, (Disease Control, Public Health Para Medical), Health Services, Bihar, Patna to consider the representations of the petitioners in the light of the provisions of the said Rules and dispose it of within one

5/5 month from the date of receipt/production of a copy of this order with necessary consequential orders."

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