Sindhu Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 21261 of 2018 ====================================================== Sindhu Devi, wife of Ram Pravesh Ram, resident of Village - Tetarpur, PS - Mohiuddinagar, Town and District - Samastipur ... ... Petitioner/s

Versus

1 The State Of Bihar through the Principal Secretary, Department of Health, Bihar, Patna 2 The Director in Chief, Health Services, Bihar, Patna 3 The District Magistrate, Samastipur 4 The Regional Deputy Director of Health, Darbhanga Division, Darbhanga 5 The Sub Divisional Officer, Patory, Samastipur 6 The Civil Surgeon -cum- Member Secretary, District Health Samiti, Samastipur 7 The Block Development Officer, Mohiuddinagar, Samastipur 8 The In Charge Medical Officer, Primary Health Centre, Mohiuddinagar, Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

N O N E For the Respondent/s :

Mr Ramadhar Singh -GP 25 ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 31-10-2018 No one appears for the petitioner.

From perusal of the writ petition, it appears that the petitioner's representation (Annexure 2) is pending before the District Magistrate, Samastipur.

It is the petitioner's claim that she is working since 17.03.2011 in the Mohiuddinagar Primary Health Centre. Payments are not being made at the rates prescribed and for some periods, no payment whatsoever has been made to the petitioner.

Since the issue is required to be decided by the

Patna High Court CWJC No.21261 of 2018(2) dt.31-10-2018 2/2 District Magistrate, Samastipur, with reference to the other communications brought on record in the instant proceedings that is the letter dated 15.05.2012 issued by the Civil Surgeon -cum- Chief Medical Officer, Samastipur, no useful purpose would be served by keeping the instant writ petition pending. The writ petition is, therefore, disposed of with a direction to the District Magistrate, Samastipur to take a final decision in respect of the allegations made by the petitioner in her representation (Annexure 2).

Final decision should be taken by the District Magistrate within a period of eight weeks from the date of receipt/production of a copy of this order.

However, it is clarified that this Court has not gone into the merits of the allegations made by the petitioner. The District Magistrate should take a decision in accordance with law by a reasoned and speaking order.

(Madhuresh Prasad, J) M.E.H./- U