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Patna High CourtCWJC/10938/2023dismissed

Prem Kumar v. The State Of Bihar

2024-02-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10938 of 2023 ====================================================== 1.

Prem Kumar S/o Late Ramesh Prasad Singh, R/o - Ashok Nagar, Road No. 1, Kankarbagh, P.S. - Kankarbagh, Dist. - Patna, Bihar. 2.

Dilip Kumar Ojha, S/o Awdhesh Nandan Ojha, R/o Bhojpur Colony, Behind Ramlakhan Market, P.S. - Kankarbagh, Dist. - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Health Department, 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.

The Principal, Govt. Dhanwantri Ayurvedic Medical College and Hospital, Ahirauli, Buxar.

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

For the Petitioner/s :

Mr.Sudha Chandra, Adv.

For the Respondent/s :

Mr.Binod Kumar Yadav ( SC-18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) To issue an appropriate writ, order, or direction commanding the respondents to allow the Petitioners to join and work on the post of Night Gaurd and Orderly respectively on which they were legally and rightfully appointed in the Govt. Dhanwantri Ayurvedic Medical College & Hospital, Ahirauli, Buxar by the competent authority.

Patna High Court CWJC No.10938 of 2023(2) dt.19-02-2024 2/2 (ii) To issue an appropriate writ/order directing the Respondents to pay the arrears and current salary to the petitioners for the post they were legally and rightfully appointed in the Govt. Dhanwantri Ayurvedic Medical College & Hospital, Ahirauii, Buxar.

(iii) To issue further appropriate writ order or direction commanding the Respondents to allow the petitioners to continue on their post without any hindrance on which they were appointed against vacant and sanctioned posts.

(iv) This Hon'ble Court may adjudicate that the petitioners were appointed by the competent authority against a vacant and sanctioned post on 16.03.1990 as such they are entitled for all service benefits."

2. At the outset, the learned counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to approach the respondentauthorities for redressal of their aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U