Pramila Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16425 of 2024 ====================================================== Pramila Kumari, W/o Sri Santosh Kumar Singh, Resident of VillageBadurahi P.S.- Sonepur District-Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additinal Chief Secreary Health Department, Bihar, Patna.

2.

The Regional Deputy Director Health Service, Saran Division, Chapra. 3.

The District Magistrate, Vaishali.

4.

The Civil Surgeon Cum Chief Medical Officer, Vaishali. 5.

The Superintendent, Town Hospital, Hajipur, Vaishali. 6.

The District Treasury Officer, Vaishali.

7.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arbind Kumar Singh, Advocate For the State :

Mr. Ajay Kumar, AC to GP-4 For A.G., Bihar :

Mr. Ram Yash Singh, Advocate Mr. Utkarsh Bhushan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 28-10-2024 Heard learned counsel for the parties.

2. This writ petition has been filed seeking a direction to the respondent authorities to fix and pay the arrear of dues on proper calculation of grade pay up to Rs. 6,600/- as per entitlement of the petitioner granting MACP in proper grade pay in revise scale and for grant of any other suitable relief/reliefs for which the petitioner is found entitled under the law.

3. The petitioner retired from the post of grade 'A' Nurse on 31.05.2018 and the present writ petition with a prayer

Patna High Court CWJC No.16425 of 2024(2) dt.28-10-2024 2/2 for grant of arrear of MACP has been filed in the year 2024.

4. Since, the present writ petition for payment of arrear of MACP have been filed after six years of the petitioner's retirement from service, I am of the view that this writ petition suffers from delay and laches in approaching this Court by the petitioner.

5. Accordingly, this writ petition is dismissed on the ground of delay and laches. However, the petitioner will be at liberty to file a representation before the appropriate authority for redressal of the grievances raised in this writ petition. As and when, such representation is filed by the petitioner, the concerned respondent authority may consider the case of the petitioner in accordance with law.

(Nani Tagia, J) Amrendra/- U