Dr. Krishan Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18540 of 2015 ====================================================== Dr. Krishan Kumar Singh Son of Late Sitaram Singh Resident of village & Post - Usmanchak, P.S. Masaurhi, District - Patna at Present Posted as Homoeopathic Medical Officer, Rohtas Zila Parishad Dispensary, Chanki Block Nokha, District - Rohtas at Sasaram .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna

2. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna

3. The Principal Secretary, Health Department, Government of Bihar, Patna

4. The Principal Secretary, Finance Department, Government of Bihar, Patna

5. The Director, Desi Chikitsa, Government of Bihar, Patna

6. The Deputy Development Commissioner - Cum - Chief Executive Officer, Zila Parishad, Rohtas at Sasaram, District Rohtas at Sasaram .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Dinu Kumar, Advocate Miss Ritika Rani, Ritu Rai, Advocatese For the Respondents : Mr. RS Prasad, AC to GP 14 For he Jila Parishad : Mr. AR Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The writ petition has been filed by the petitioner claiming that since Rule 73 of the Bihar Service Code has been amended in respect of doctors including Homoeopathic doctors to grant them enhanced age of superannuation on attaining 67 years, the petitioner is also entitled to the benefits of the enhanced age of retirement on attaining the age of 67 years. The issue has since been decided by this Court in order

Patna High Court CWJC No.18540 of 2015 (2) dt.16-05-2018 dated 12.4.2018, passed in C.W.J.C.No. 18081 of 2016 the same has been affirmed by the division bench of this Court under order dated 11.4.2017, passed in LPA No.1190 of 2013. Having considered this aspect of the matter, this writ petition is disposed of in terms of the order passed in the aforesaid two cases. The petitioner as a result of the aforesaid two decisions shall be entitled to the benefits in terms thereof. The writ petition is disposed of.

Final decision in this respect may be taken by the authorities and admissible benefits in terms thereof may be granted to the petitioner within a period of eight weeks from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) Shashi.

U