Dr. Ashutosh Kr. Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14111 of 2025 ====================================================== Dr. Ashutosh Kr. Sinha S/o Basudev Narayan Prasad R/o Fatehpur Durga Mandir, Siwan, Fatehpur Siwan, Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Finance Department, Government of Bihar.

2.

Additional Chief Secretary, Health Department, Government of Bihar. 3.

Civil Surgeon-Cum-Chief Medical Officer, Referral Hospital, Baniyapur, Chapra.

4.

The Accountant General, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parth Gaurav, Advocate For the State :

Mr. Sarvesh Kumar, GP-24 For the Accountant General: Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application for the following relief(s):

"i. For a direction to the Respondent authorities to first pay the entire admitted salary due to the Petitioner and thereafter forward the Petitioner's complete service book to the Accountant General, Government of Bihar (Respondent No. 4) for fixation of pension in accordance with his last drawn salary;

ii. For a further direction to the Respondent Authorities to release all consequential post-retirement benefits due to the Petitioner, including pension,

Patna High Court CWJC No.14111 of 2025(2) dt.13-10-2025 2/3 gratuity, leave encashment, earned leave, and arrears thereof, in accordance with law; and iii. For any other relief or reliefs to which the petitioner may be found entitled in the facts and circumstances of the present case."

3. Learned counsel for the petitioner seeks permission to withdraw this application to file a representation before the respondent no.2 for the redressal of his grievance.

4. It is submitted by learned counsel for the respondents that the petitioner had earlier moved this Court vide CWJC no.5560 of 2024 which was dismissed as withdrawn by order dated 12.2.2025 in the following terms: "Heard the parties.

2. At the outset, Mr. Parth Gaurav, learned Advocate for the petitioner fairly submitted that the writ petition has not been properly drafted and, as such, he seeks permission to withdraw the same, with a liberty to file a fresh writ petition.

3. In view thereof, the present writ petition stands dismissed as withdrawn, with the liberty aforesaid."

5. In view of the above submission made by learned counsel for the petitioner, without entering into the merits of the case of the petitioner, the case is permitted to be withdrawn with liberty to the petitioner to file a representation before the Additional Chief Secretary, Health Department, Government of Bihar (respondent no.2) for the redressal of his grievance.

Patna High Court CWJC No.14111 of 2025(2) dt.13-10-2025 3/3

6. In case a representation is filed within a period of four weeks from today, the same shall be disposed of by the respondent concerned within a period of four weeks of the date of its filing.

7. It is further observed that in case the respondents find any amount due and payable to the petitioner, the same shall be paid within three months of the passing of the order disposing of the representation.

8. The writ application stands disposed of as withdrawn with the aforesaid liberty.

(Partha Sarthy, J) Saurabh/- U