Phul Kumari Devi v. State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24419 of 2018 ====================================================== Phul Kumari Devi W/o Pappu Ram Resident of village-Daulatpur Chandi, P.S- Hajipur Sadar, District- Hajipur ... ... Petitioner/s

Versus

1.

State Of Bihar through its Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary,Department of Health, Patna. 3.

The District Magistrate, Hajipur, Vaishali 4.

The Chief Medical Officer, Hajipur,Vaishali.

5.

The Superintendent, Sadar Hospital, Hajipur, Vaishali. 6.

The In-charge Medical Officer, District Health Society, Purnea. 7.

The Executive Director, State Health Society, Bihar, Sheikhpura, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Respondent/s :

Mr.Partha Sarthi- Ga4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 The petition filed on 15.12.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s: "That the present Public Interest Litigation is being filed for most humbly seeking and praying to issue writ in nature of writ of mandamus or

Patna High Court CWJC No.24419 of 2018(2) dt.07-01-2020 2/3 any writ order direction directing the Respondents to henceforth immediately pay the Cash Assistance of Rs. 1,400/-(One thousand four hundred only) under the Janai Suraksha Yojana (JSY) to the mothers undertaking Institutional Delivery at Sadar Hospital, Hajipur."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in

Patna High Court CWJC No.24419 of 2018(2) dt.07-01-2020 3/3 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U