Dr. Nand Kishore Singh v. The State Of Bihar Through The Principal Secretary, Department Of Health, Government Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3330 of 2018 In Civil Writ Jurisdiction Case No.18117 of 2017 ====================================================== Dr. Nand Kishore Singh Son of Late Matuk Singh Resident of VillageGopalpur, P.O.- Naurangia via Gulwara Madhuban, Police StationMadhuban, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Department Of Health, Government Of Bihar, Patna.

2.

Shri Sanjay Kumar, The Principal Secretary, Department of Health, Government of Bihar, Patna.

3.

Shri Anil Kumar, The Joint Secretary, Department of Health, Government of Bihar, Patna.

4.

Shri Anjani Kumar, The Under Secretary, Department of Health, Government of Bihar, Patna.

5.

Sri Manoj Kumar, The Director in Chief, AYUSH, Department of Health, Government of Bihar, Patna.

6.

Dr. Jhulan Singh, The Director, (Ayurved), AYUSH Sector, Department of Health, Government of Bihar, Patna.

7.

Ms. Manik, The Accountant General, Bihar, Patna Bhawan, Bailey Road, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivek Anand Amritesh For the Opposite Party/s :

Mr. Braj Bhushan Mishra For respondent no. 7 :

Mr. Purushottam Kr. Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2020 The learned counsel for the contemnors has filed a supplementary show cause and in paragraph no. 5, it has been stated that the order of this Court has been complied with, subject to the final outcome of S.L.P. (Civil) CC No. 24758-24565 of 2016 and in that regard, an order dated 27.01.2020 has been passed by the Special Secretary to the Government, Health Department and the same has also been

Patna High Court MJC No.3330 of 2018(4) dt.29-01-2020 2/2 communicated to the Accountant General for making payments. It is also submitted that the retirement age of the petitioner has been extended from 62 years to 65 years and all the arrears thereof, in the form of salary, pensionary benefits etc. shall be paid.

Having regard to the facts and circumstances of the case, this Court is satisfied that the order of this Court has been complied with. However, at this juncture, it is informed by the learned counsel for the petitioner that the actual payment in terms of the aforesaid order dated 27.01.2020, has not been made.

In such view of the matter, the Principal Secretary, Health Department, Government of Bihar, Patna is directed to ensure payment of the arrears of salary as also the payment of arrears of pensionary benefits to the petitioner, within a period of six weeks from today, failing which, he shall not draw his salary.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U