Patna High CourtCWJC/16702/2008dismissed

Dr.Md.Rafique Alam v. The State Of Bihar And ORS

2018-07-27Mr. Justice Mohit Kumar Shah2 pages

Patna High Court CWJC No.16702 of 2008 (4) dt.27-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16702 of 2008 ====================================================== Dr. Md. Rafique Alam son of Late S.K.R. Ali, resident of Mohalla Azimabad, Colony West, P.s. Sultanganj, P.O. Mahendru, District Patna, at present posted on deputation as Lecturer in the department Surgery Government, Tibbi College and Hospital Kadamkuan, Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary Health Department, Government of Bihar, Patna.

3. The Finance Commissioner, Government of Bihar, Patna.

4. The Director I.S.M. (Indigenous Medicine) Health Department, Government of Bihar, Patna.

5. The Deputy Finance Commissioner, Bihar Patna.

6. The Deputy Director (Unani) I.S.M. Health Department, Government of Bihar, Patna.

7. The Principal, Government Hibbi College and Hospital, Kadamkuan, Patna.

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

For the Petitioner/s : Mr. Behzad Akhtar For the Respondent/s : Mr. Birju Prasad, GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-07-2018 The present writ petition has been filed for directing the respondents to give the benefit in the matter of age of superannuation to the petitioner from 60 to 62 years at par with the Government doctors in the Allopathic system of medicine in the light of notification dated 23.11.2007.

The learned counsel for the respondents has pointed out that the petitioner has already superannuated on 30.11.2008 and thereafter the finance department vide notification dated 25.02.2009 had permitted the doctors of Indigenous System of Medicine to superannuate after 62 years of age on the basis of the

Patna High Court CWJC No.16702 of 2008 (4) dt.27-07-2018 said notification dated 25.02.2009 w.e.f. 01.02.2009, hence the petitioner cannot get any benefit. Therefore, there is no merit in the present writ petition.

Accordingly, the present writ petition is dismissed. (Mohit Kumar Shah, J) BTiwary/Md. Rashid U