Sunayana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12879 of 2024 ====================================================== Sunayana Kumari W/o Late Nirmal Kumar Jha, resident of Flat No. 205, Vishal Residency Wing III, Rajabazar, P.O.-Shekhpura, PS-Airport, Patna800014. ... ... Petitioner/s

Versus

1.

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

2.

The Director, IGIMS Bailey Road, Patna.

3.

The Deputy Director, IGIMS, Bailey Road, Patna. 4.

The Administrative Officer, IGIMS, Bailey Road, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Tiwari, Adv.

Mr. Pawan Kr. Verma, Adv.

For the Respondent/s :

Mr.Advocate General ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for following reliefs :- " To make payment of arrears of salary in lieu of the post of lower division clerk (LDC) in the pay scale 3050-75-3950-80-4590 from the date of her initial appointment and joining w.e.f. 28.05.2004 since the said appointment is the addenda to the initial appointment of Office Attendant pending verification of the credentials produced by her at the time of appointment."

3. Learned counsel for the petitioner submits that appointment of petitioner was made on compassionate ground on Class IV Post instead of her eligibility on Class III post. Learned

Patna High Court CWJC No.12879 of 2024(2) dt.29-08-2024 2/2 counsel further submits that though later on the authority at highest level have issued office order vide Memo No.294/Administration dated 17.01.2022 by which provided the appointment on paper which has been brought in the writ petition. He submits that he has filed representation for grant of arrears in compliance of letter dated 17.01.2022 which has not been provided to the petitioner. Learned counsel further submits that his representation-P-7 is pending and till date, no decision has been taken.

4. Learned counsel for the State submits that direction may be issued on the representation-P-7 and decision has to be taken by respondent No.2.

5. In that view of the matter, representation is disposed of granting liberty to the Director, IGIMS, respondent No.2, to take a decision on its own merit within 90 days from the date of receipt / production of a copy of this order.

6. Accordingly, this writ petition is disposed of with the aforesaid liberty.

(Dr. Anshuman, J) sanjeev/- U