Braj Kishor Prasad v. Civil Surgeon Of The Leprosy Programme

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.293 of 2022 ====================================================== Braj Kishor Prasad, Son of Late Raghunath Prasad Resident of Bhelwa South, Ekdari, East Champaran, Bihar.

... ... Petitioner/s

Versus

1.

Civil Surgeon of the Leprosy Programme Government of Bihar. 2.

Principal Secretary, Department of Health and Family Welfare, Government of BIhar, Main Secretariat, Patna-800001 3.

Director, Directorate of Empowerment of Persons With Disabilities, Department of Social Welfare, Government of Bihar, Main Secretariat, Patna, Bihar-800015.

4.

Additional Chief Secretary, Social Welfare Department, Government of Bihar, Main Secretariat, Patna, Bihar-800015. 5.

Director, Social Welfare Department, Government of Bihar, Main Secretariat, Patna, Bihar-800015.

6.

Director, Directorate of Empowerment of Persons With Disabilities, Department of Social Welfare, Government of Bihar, Main Secretariat, Patna, Bihar-800015.

7.

District Magistrate, East Champaran, Motihari, Bihar 8.

Civil Surgeon Cum Chief Medical Officer, East Champaran, Motihari, Bihar. 9.

Superintendent of Medical College Hospital, East Champaran, Motihari, Bihar.

10.

District Officer, East Champaran, Motihari, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Keshav, Advocate For the Respondent/s :

Mr. S.D. Yadav, AAG 9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 13-01-2022 Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.293 of 2022(2) dt.13-01-2022 2/3 "I. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the Respondents to appoint the petitioner on Class IV post In Leprosy Eradication (Control) Programme Units, Motihari or in any other District in the State for the purpose of Rehabilitation and Livelihood as per instructions of the Government of India, under letter no. 11022/80 in the Ministry of Health and Family Welfare, New Delhi, dated 14.06.1982 further acknowledge by the State of Bihar under letter no. 987(11) issued by the Bihar Health Directorate, Patna, dated 16.08.1982.

II. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the Respondents to submit a report disclosing District-Wise vacancies available for Class IV Posts in Leprosy Eradication (Control) Programme Units and place it before the Hon'ble Court.

III. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the Respondents to publish and run a proper advertisement so that the information with regard to the aforementioned scheme be reachable to common people via Information, Education and Communication.

IV. For the issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the Respondents to compensate the petitioner and similarly placed leprosy cured patients for not taking action despite several representations to rehabilitate and provide job opportunities under the Leprosy Eradication (Control) Programme Units.

V. For issuance of appropriate writ of Mandamus or any other or appropriate writ(s) or order(s) or direction(s) commanding the respondents to give sufficient remuneration to those who faced difficulty both physically and economically because of their non-fulfillment of duties by

Patna High Court CWJC No.293 of 2022(2) dt.13-01-2022 3/3 the respondent authorities.

AND/OR VI. Any other writ/ order / relief that this Hon'ble Court deems fit."

Learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to file a fresh petition, on the same and subsequent cause of action, in accordance with law, if so required and desired. Permission granted with liberty as prayed for. Liberty also reserved to the petitioner to make a mention for listing of the petition on priority basis. As and when any such mention is made, Registry shall take steps for listing the petition at the earliest. Instant petition stands dismissed as withdrawn in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/- U