Kishandeo Jha @ Krishnadev Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1891 of 2022 In Civil Writ Jurisdiction Case No.548 of 2021 ====================================================== Kishandeo Jha @ Krishnadev Jha Son of Late Gangadhar Jha, Resident of Village- Faridpur, Police Station- Jamalpur, District- Munger, at present Referal Hospital, Police Station- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Director Health Services, Government of Bihar, Patna. 3.

The Regional Deputy Director, Munger Division, Munger. 4.

Mr. Suman Kumar, the District Magistrate- cum-Collector, Sheikhpura. 5.

Mr. Amit Kumar, the District Nazarat Officer, Sheikhpura Nazarat, Sheikhpura.

6.

Mr. Prithvi Raj, the Civil Surgeon-cum-Chief Medical Officer, Sheikhpura. 7.

Dr. Fazal Ansari, the Incharge Medical Officer, Referal Hospital, Barbigha. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rajeshwar Singh, (GA-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 09-02-2024 The order of this Court has been complied in part to the extent of promoting the petitioner to the post of Lower Division Clerk (LDC) w.e.f. 03.10.2019 on 24.01.2024. The concerned official respondent is hereby directed to extend all monetary benefits against the promotional post of LDC w.e.f 03.10.2019 till 24.01.2024 and disbursed the same within a period of two weeks from today, failing which the concerned official respondent is hereby directed to pay litigation cost and it

Patna High Court MJC No.1891 of 2022(8) dt.09-02-2024 2/2 is quantified at Rs. 25,000/-. Cost shall be paid to the petitioner. The aforementioned direction is not complied by the competent authority within a time limit stipulated, in that event, petitioner is at liberty to file Interlocutory Application to revive this order. Accordingly, the proceeding of present MJC-Contempt petition stands dropped.

2. At this stage, learned counsel for the petitioner submitted that petitioner is entitled to promotion from the year 2011 with reference to his service particulars to the post of LDC. If he is aggrieved by the retrospective promotion to the post of LDC w.e.f. 03.10.2019 vide order dated 24.01.2024. He is at liberty to question the validity of order dated 24.01.2024 and seek appropriate direction, in the appropriate forum. (P. B. Bajanthri, J) jyoti/- U