Jitendra Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.859 of 2024 ====================================================== 1.
Jitendra Kumar Prasad Son of Dayanand Prasad Resident of Village- Simri Dudhipatti P.S.- Simri, District-Buxar.
2.
Harisharan Kumar Son of Baban Prasad Resident of Village-Basantpur, P.S.- Basantpur, District-Siwan.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Department of Health, Govt. of Bihar, Patna.
2.
The State Health Society, through its Executive Director, Sheikhpura, Patna. 3.
The Secretary, State Health Society, Sheikhpura, Patna. 4.
The District Magistrate Cum President, District Health Society, DistrictBuxar, Bihar. 5.
The District Magistrate Cum President, District-Health Society, DistrictSiwan, Bihar. 6.
The Civil Surgeon Cum Member Secretary, District-Health Society, Buxar. 7.
The Civil Surgeon Cum Member Secretary, District-Health Society, Siwan, 8.
The In Charge Medical Officer, Primary Health Center, Simri, DistrictBuxar. 9.
The charge Medical Officer, Primary Health Center, Basantpur, DistrictSiwan. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Chandra, Adv.
For the Respondent/s :
Mr.K.K. Sinha, Adv.
Mr.Shashi Shekhar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2024
1. The present writ petition has been filed seeking the following relief(s):- "1.1. That the present writ application is being filed for issuance of Writ in the nature of Certiorari or any other appropriate Writ, Order, direction, quashing the Letter No. 353 dated 14.08.2021(Annexure-P/4), issued by the Medical
Patna High Court CWJC No.859 of 2024(2) dt.22-02-2024 2/3 Officer In charge, PHC, Simri, whereby the Petitioner No. 1 has been restrain to discharge his duties as Data Operator with immediate effect. The Petitioners further prays for consequential writ of Mandamus, commanding the Respondent authorities, to forthwith allow the Petitioners to work as Date Entry Operators, in view of the fact that now it is not necessary for the Data Entry Operators, working with the Health Society to get themselves registered with the Private Company i.e., Urmila International, for disbursement of salary, rather the Health Department is directly sending funds to the respective Health Societies for making payment of salaries to the operator. The Petitioners in alternative prays for a direction upon the Respondent No.5 and 6 to decide the detail Representations of the Petitioners sent through speed post."
2. At the outset, the learned counsel for the petitioners submits that the petitioners have already filed a fresh representation before the District Magistrate-cum-President, District-Health Society, Siwan, which has been annexed as Annexure-9, to the present writ petition, hence the same be directed to be disposed off, within a stipulated time frame.
3. Per contra, the learned counsel for the respondents submits that in case the aforesaid representation of the
Patna High Court CWJC No.859 of 2024(2) dt.22-02-2024 3/3 petitioners is still pending, the same would be disposed off within a stipulated time frame, as is fixed by this Court.
4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistratecum-President, District-Health Society, Siwan, to dispose off the aforesaid representation of the petitioners, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks from today.
5. The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) sonal/- U