Patna High Court
Satyanarayan Ram vs The State Of Bihar on 11 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16115 of 2021
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1. Satyanarayan Ram Son of Ramchandra Ram Resident of Village- Khesrahi, Police
Station- Patepur, District- Vaishali.
2. Keshav Paswan Son of Late Binda Paswan Resident of Village- Rasalpur, Jilani,
Police Station- Desari, District- Vaishali.
3. Shivji Paswan Son of Late Pyare Paswan Resident of Village- Virpur, Police
Station- Jurawanpur, District- Vaishali.
4. Satyanarayan Paswan Son of Late Pradeep Paswan Resident of Village- Vishanpur,
Police Station- Jandaha, District- Vaishali.
5. Shivchandra Ram Son of Late Dayali Ram Resident of Village- Jagdishpur, Police
Station- Jandaha, District- Vaishali.
6. Umesh Ram Son of Late Tetar Ram Resident of Village- Pirapur, Police Station-
Jandaha, District- Vaishali.
7. Uma Shankar Kumar Nirala Son of Vindeshwar Bhagat Resident of Village-
Mustphapur, Police Station- Vindupur, District- Vaishali.
8. Shankar Paswan Son of Late Jagdish Paswan Resident of Village- Paharpur, Police
Station- Mahnar, District- Vaishali.
9. Jay Narayan Paswan Son of Late Jamuna Paswan Resident of Village- Bhatauli
Bhagwan, Police Station- Kartahan, District- Vaishali.
10. Dinesh Paswan Son of Bipat Paswan Resident of Village- Mathura, Police Station-
Vidupur, District- Vaishali.
11. Asha Devi Wife of Rameshwar Prasad Sah Resident of Village- Taraiya, Police
Station- Taraiya, District- Saran.
12. Mahipat Paswan Son of Late Raghunandan Paswan Resident of Village- Arma,
Police Station- Patepur, District- Vaishali.
13. Dinesh Ram Son of Yogendar Ram Resident of Village- Sahpur Bujurag, Police
Station- Patepur, District- Vaishali.
14. Rukmeeni Kumari Wife of Awdhesh Sah Resident of Village- Wafapur Sharma,
Police Station- Lalganj, District- Vaishali.
15. Menka Sinha @ Menka Wife of Uma Shankar Sinha Resident of Village-
Kharuaara, Police Station- Harnaut, District- Nalanda.
16. Sangita Kumari Wife of Surendra Prasad Maurya Resident of Village- Raitar,
Police Station- Giriyak, District- Nalanda.
17. Sunita Prasad Wife of Kamlesh Prasad Resident of Village- Mobarakpur, Police
Station- Ben, District- Nalanda.
18. Shiv Kumar Das Son of Late Jugeshwar Das Resident of Village- Jagdishpur,
Police Station- Jandaha, District- Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Additional Chief Secretary, Department of Education, Government of
Bihar, Patna.
3. The Additional Chief Secretary, Department of Health, Government of
Bihar, Patna.
Patna High Court CWJC No.16115 of 2021 dt.11-05-2022
4. The Director-in-Chief, Health Services (Diseases Control, Public Health,
Para- Medicals), Bihar, Patna.
5. The Director, Mass Education, Bihar, Patna.
6. The Principal, Patna Medical College and Hospital, Patna Ashok Rajpath,
Patna.
7. The Superintendent, Patna Medical College and Hospital, Patna Ashok
Rajpath, Patna.
8. The Director in Chief, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the State : Mr.Birju Prasad (GP-13)
Mr. Ajit Anand, AC to GP-13
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 11-05-2022
Heard learned counsels for the parties.
In the instant petition, petitioners have prayed for
following reliefs:-
"1. That this is an application
for issuance of a writ in the nature of mandamus
for commanding and directing the respondent-
authorities to accept the Joining of the petitioner
in view of the recommendations made by the
Director-in-Chief Health Services, Bihar, Patna
as contain in letter no. 16.09.2020, 18.05.2021
and subsequent letter dated 11.08.2021 to the
Superintendent, Patna Medical College and
Hospital (hereinafter referred to as "PMCH")
and to pay the due salary w.e.f the date of their
initial recommendation and further the
petitioners pray for a direction to take action
against the Superintendent, PMCH for
nonfeasance on his part and his indifferent
attitude and misbehaviour to the petitioners as
the recommendation has been made in
compliance of the order of the Hon'ble Supreme
Court in SLP (Civil) CC No. 32079 of 2015, and
the petitioners further pray for issuance of an
appropriate writ/order/direction for which they
may be found legally entitled to in the facts and
Patna High Court CWJC No.16115 of 2021 dt.11-05-2022
circumstance stated hereinabove."
On 06.04.2022 following order was passed:
"Heard learned counsel for
the parties.
Learned counsel for the
petitioners is hereby directed to delete
respondent Nos. 1, 2 and 3 who are not
necessary and proper parties. On account of
misjoinder of parties, he is hereby directed to
delete during the course of the day.
State counsel accepts notice
for remaining respondent Nos. 4 to 8.
7th respondent - The
Superintendent, Patna Medical College and
Hospital, Ashok Rajpath, Patna is hereby
directed to file an affidavit as to why order of
appointment has not been issued to the
petitioner pursuant to their selection to the
Class IV post, further recommendation in terms
of Annexure 10 dated 16.09.2020. Such
affidavit be filed before the next date of
hearing.
Re-list this case on
11.05.2022."
Concerned respondents have filed counter affidavit
in which it is stated that petitioners have been extended relief sought
in the present petition on 07.05.2022. In view of later development,
present petition do not survive for consideration. Accordingly, the
present petition stands disposed of.
(P. B. Bajanthri, J)
rakhi/-
AFR/NAFR
CAV DATE
Uploading Date 16.05.2022
Transmission Date
