Ramesh Chandra Jha v. The State Of Bihar Through Sri Sanjay Kumar The Secretary Cum Commissioner Department Of Health

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2133 of 2018 In Civil Writ Jurisdiction Case No. 3852 of 2011 =================================================== Ramesh Chandra Jha .... .... Petitioner/s

Versus

The State of Bihar Through Sri Sanjay Kumar The Secretary Cum Commissioner Department of Health Education ( Deshi Chikitsa ) And Family Welfare & Ors .... .... Respondent/s =================================================== Appearance :

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Respondent/s : Mr. Ajay Bihari Sinha - Ga 8 =================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

12-09-2018 A supplementary show cause has been filed today on behalf of the Opposite Party No. 2. Paragraph-4 of the same reads as under:

"4. That it is humbly submitted that thereafter, necessary approval of the State Cabinet was obtained in this matter and now, vide Health Department's Memo No.

1138(Aa. Chi.) dated 05.09.2018 whereby the petitioner and similarly situated persons of the Bihar Ayush (Ayurvedic, Unani and Homeopathic), Medical Education Service Cadre, who had retired from their service at the attending the age of 62 years, in between the period from 28.01.2011 to 22.12.2011, have been granted the benefit of enhancement of age of retirement till 65 years and accordingly, the consequential payments will also be made to the concerned, which would be recoverable from them, subject to outcome of SLP (Civil) CC No. 24758-24765/2016."

Patna High Court MJC No.2133 of 2018 (5) dt.12-09-2018 Learned counsel representing the State has ensured that the Department would release the consequential benefits immediately after the petitioner submits his undertaking in terms of the statement made in paragraph-4 of the supplementary affidavit. The court has been given to understand that the order of learned writ court stands complied with and therefore this case need not proceed. However, in case it is found that the consequential benefits have not been paid to the petitioner despite furnishing the undertaking, he will be at liberty to file an affidavit in the present contempt application bringing this fact to the notice of this court.

In view of the aforesaid, this contempt application stands disposed off.

(Rajeev Ranjan Prasad, J) Rajeev/- U T