Dr. Bipin Kumar vs The State Of Bihar
2022 Latest Caselaw 273 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.6675 of 2020
     ======================================================

Dr. Bipin Kumar, Son of Sri Kusheswar Singh, Resident of Village + P.O. Dariyapur (Dih), P.S.- Barahia, District- Lakhisarai.

... ... Petitioner/s Versus

1. The State of Bihar through it's the Principal Secretary, Health Department, Govt. of Bihar, Vikash Bhawan, Bailley Road, Patna.

2. The Director in Chief, Health Department, Govt. of Bihar, Vikash Bhawan, Bailley Road, Patna.

3. The Civil Surgeon-Cum- Member Secretary, District Health Society, Begusarai.

4. In Charge, Referral Hospital Manjhaul, District- Begusarai.

5. In Charge Baliya Primary Health Centr,e Vaishali.

6. The District Programme Manager District Health Society, Begusarai.

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate For the Respondent/s : Mr.Mujtabaul Haque ( GP-12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-01-2022 This matter is heard via video conferencing due to

circumstances prevailing on account of COVID-19 Pandemic.

2. Heard learned counsel for the parties.

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

following reliefs:

"(I) For issuance of Writ in the nature of mandamus or any other appropriate writ directing the Respondent authorities to give salary PB-3-6600 of pay scale specialist Grade-II as well as three annual increment according to notification issued by the Finance Department vide letter no. 3A-2 Wo.Puo 05/2014- 1900-Bo dated 25.2.2014 as well as amend notification Patna High Court CWJC No.6675 of 2020 dt.10-01-2022

dated 20.7.2015 vide letter no. 3A-2 Wopuo- 05/2014- 6415/Bo.

(II) For issuance of any appropriate Writ, order or direction which your lordships may deem fit and proper in the facts and circumstances of the case."

4. For issuance of Writ of mandamus, one must establish

the vested/legal right followed by demand before the competent

authority. Both the ingredients are not forthcoming from the

petition.

5. Accordingly, the present petition stands dismissed in

the light of Hon'ble Supreme Court decision rendered in the case

of Mani Subrat Jain V. State of Haryana & Ors., reported in

(1977) 1 SCC 486, reserving liberty to the petitioner to establish

his vested/legal rights in demanding before the competent

authority within a period of eight weeks' from the date of receipt

of a copy of this order.

(P. B. Bajanthri, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.01.2022
Transmission Date       NA