Arti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1023 of 2023 ====================================================== Arti Kumari wife of Sri Mithilesh Kumar Singh, Resident of Flat No. 801 B, Shashi Palace, Ram Krishna Avenue (Nala Road), P.S.- Kadamkuan, Town and District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Additional Secretary, Department of Health, Government of Bihar, Patna.

3.

The Director-in- Chief (Nursing), Health Services, Bihar, Patna. 4.

The Superintendent, Government Ayurvedic College Hospital, Kadamkuan, Patna.

5.

The Superintendent, Bettiah Medical College Hospital, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar, Advocate For the Respondent/s :

Mr. Kamlesh Kishore AC to SC 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The learned counsel for the petitioner submits that pursuant to the stay granted by this Court vide order dated 16-04-2019, passed in C.W.J.C. No. 21379 of 2018 (Annexure2), the authorities were obliged to allow the petitioner to continue as a Nurse Grade-A in the Government Ayurvedic College Hospital, Patna. However, it is only on 23.10.2019 that pursuant to this Court's order dated 16-04-2019, they have, after due consideration of the matter, passed an order staying the

Patna High Court CWJC No.1023 of 2023(2) dt.20-06-2023 2/2 petitioner's transfer and she was allowed to resume her work in the respondent-hospital.

3. The petitioner still remains deprived of the benefits of emoluments etc., for the period in between 16.04.2019 to 23.10.2019, which denial is in teeth of the order of this Court passed in C.W.J.C. No. 21379 of 2018. It is also submitted that the petitioner has approached the Director-in-Chief (Nursing), Health Services, Bihar, Patna (Respondent No.3) by making a representation. He submits that petitioner would be pursuing the representation and may also take steps for proceedings against the authority for violation of the order passed in C.W.J.C. No.21379 of 2018, in appropriate proceedings.

3. With liberty, as prayed for, the writ application is disposed of.

(Madhuresh Prasad, J) shyambihari/- U