Dr. Ashok Kumar Sah v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19392 of 2024 ====================================================== Dr. Ashok Kumar Sah, Son of Baleshwar Prasad Sah, Resident of VillageAmarpur, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

1.

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

2.

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

The Civil Surgeon-cum-Member Secretary, District Health Society, Banka. 4.

The Civil Surgeon-cum-Medical Officer, Banka. 5.

The In-charge Medical Officer, Referal Hospital, Amarpur, Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar Jha, Adv.

For the Respondent/s :

Mr. Addl. Advocate General (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-01-2025 Heard Mr. Subodh Kumar Jha, learned Advocate for the petitioner and the learned Advocate for the State.

2. The petitioner by invoking the jurisdiction of this Court under Article 226 of the Constitution of India seeking a direction upon the respondents concerned to consider his case for extension of his service as contractual doctor, working in Referral Hospital, Amarpur, Bnaka till the completion of 70 years, in terms of Circular No. 10000 dated 10.07.2015 issued by the General Administrative Department, Government of Bihar, Patna.

3. Learned Advocate for the petitioner contended that

Patna High Court CWJC No.19392 of 2024(2) dt.07-01-2025 2/3 in terms of the aforenoted circular dated 10.07.2015, the other doctors who have also attained the age of their superannuation after completing 67 years, in their cases services have been extended for two years or up to the completion of 70 years.

4. Taking note of the aforesaid facts, the case of the petitioner was also considered for extension by the Civil Surgeon-cum-Chief Medical Officer, Banka and recommendation has been made through the competent authority to the Deputy Secretary, Health Department, Bihar Patna, the copy of which is marked as Annexure-P/5 to the writ petition. Despite the recommendation and the request made by the petitioner on several occasions, the case of the petitioner has not been considered for extension of his services on contractual basis up to 70 years, compelling him to approach before this Court.

5. Considering the limited grievance of the petitioner, this Court deems it fit and proper to dispose of the writ petition with a liberty to the petitioner to approach the Additional Secretary, Health Department, Government of Bihar, Patna by filing a proper representation, containing all these facts, as has been averred before this Court, preferably within a period of four weeks from today. In case such an application is filed, the

Patna High Court CWJC No.19392 of 2024(2) dt.07-01-2025 3/3 Additional Secretary, Health Department, Government of Bihar shall consider and dispose of the same, preferably within a further period of eight weeks.

6. The writ petition stands disposed of with the aforesaid directions.

(Harish Kumar, J.) Jyoti Kumari/- U