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Naween Kumar Sah vs The State Of Bihar
2022 Latest Caselaw 851 Patna

Citation : 2022 Latest Caselaw 851 Patna
Judgement Date : 1 February, 2022

Patna High Court
Naween Kumar Sah vs The State Of Bihar on 1 February, 2022
         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.4399 of 2021
     ======================================================

NAWEEN KUMAR SAH Son of Late Puran Chandra Sah Resident of Masjid Road, Rajyapal Path, Laliyahi, P.o.- Katihar, P.s.- Katihar, District- Katihar- 854105

... ... Petitioner/s

Versus

1. The State of Bihar represented through the Principal secretary, Department of Health, Patna, Bihar

2. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna

3. The State Health society through its Executive Director, Sheikhpura, Patna

4. The Secretary cum Executive Director, State Health Society, Bihar, Parivar Kalyan Bhawan, patna

5. The Civil Surgeon cum Member Secretary, District Health Society, Katihar

6. The Medical Officer Incharge, P.H.C. Hasanganj, Katihar

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Bihari For the Respondent/s : Mr. Ajay Bihari Sinha, GA 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022

The matter is heard via video conferencing due to

circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"(i) To issue a writ of Mandamus or any other appropriate writ/order/direction commanding and directing the respondents to pay the salary and other arrears for the period from JANUARY 2020 to DECEMBER 2020 due against respondents.

(ii) To direction the Respondent particularly The Incharge Medical officer, P.H.C. Hasanganj, Katihar to produce the notification/letter Patna High Court CWJC No.4399 of 2021 dt.01-02-2022

issued by the State Health Society, Patna showing that there is scarcity of allocation of fund for making the payment of the salary to this petitioner which will be paid in due course of time after the receipt of the fund.

(iii) Any other relief or reliefs which the petitioner may be found entitled to in the facts and circumstances of the present case."

3. The petitioner is stated to have been paid salary then

what remains in the present petition is relating to continuity to pay

salary every month with reference to the nature of work discharged

by the petitioner. In this regard, the concerned officer is hereby

directed to take note of and keep on paying salary as and when it is

due to the petitioner with reference to the nature of work extracted

from the petitioner.

4. Accordingly, writ petition stands disposed off.

(P. B. Bajanthri, J) GAURAV S./-

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