Dr. James Paul vs The State Of Bihar
2023 Latest Caselaw 3387 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.16290 of 2022
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Dr. James Paul, Son of Late Paul Bernard, Resident of Kalimanda, Kumardhubhi, P.S.- Kumardhubhi, O.P. Chirkunda, District- Dhanbad, Jharkhand.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, Patna.

2. The Deputy Secretary, Department of Health, Govt. of Bihar, Patna.

3. The Civil Surgeon-cum- Chief Medical Officer, Nawada.

4. The In- charge Medical Officer, PHC Kauakol, Nawada.

5. The Accountant General, Bihar.

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

For the Petitioner/s : Mr. Jitendra Kumar, Advocate.

Mr. Himanshu Shekhar, Advocate.

For the State : Mr. Ramadhar Singh, GP-25. For the A.G. Bihar : Mrs. Nivedita Nirvikar, Sr. Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 31-07-2023 Heard Mr. Jitendra Kumar, learned counsel along

with Mr. Himanshu Shekhar, learned counsel appearing on

behalf of the petitioner; Mr. Ramadhar Singh, learned GP-25 for

the State and Mrs. Nivedita Nirvikar, learned counsel for the

Accountant General.

2. Learned counsel appearing on behalf of the

petitioner submits that the petitioner has been denied

encashment of 165 days earned leave and he has also not been

paid for the period from 24.01.1997 to 03.06.1997 for which he

was kept waiting for posting for which the petitioner is not at Patna High Court CWJC No.16290 of 2022 dt.31-07-2023

fault. Petitioner is also aggrieved that financial upgradation on

account of ACP/MACP has also not been taken into

consideration while calculating pension of the petitioner and

other legal dues along with statutory interest.

3. Considering the aforesaid submission as well as

statement made on behalf of the petitioner as well as statement

made in Para-10 of the counter affidavit, it appears that the

sanctioning authority is required to revise the pension of the

petitioner taking into consideration the fact that the petitioner

was appointed on 14.08.1976 on the post of Medical Officer at

E.S.I. Hospital, Dalmianagar, Rohtas and retired on 28.02.2010

from the same post. Petitioner is aggrieved that he remained

stagnant on the same post. No financial upgradation was given

to the petitioner, as a result of time bound promotion scheme as

well as ACP/MACP scheme adopted by the State Government.

4. Considering the said fact, the petitioner is

directed to file a detailed representation before the Director-in-

chief, Health Services, Bihar along with supporting evidences

for redressal of his grievance. The Director-in-Chief is directed

to dispose of the representation of the petitioner after calling

upon the records relating to the petitioner from his different

place of posting and the notification relating to transfer of Patna High Court CWJC No.16290 of 2022 dt.31-07-2023

petitioner to determine as to whether the petitioner had

deliberately not joined the place of posting or he remained

waiting for the place of posting. Petitioner is also entitled for

financial upgradation as admittedly he remained on the post of

Medical Officer till the date of his retirement.

5. The Director-in-Chief, Health Service, Bihar is

directed to consider the grievance of the petitioner in

accordance with law and dispose of the representation filed by

the petitioner after verifying the records available with him and

ensure that petitioner is paid all the retiral dues after revising the

pension in accordance with law within a period of six weeks.

6. The writ application, accordingly, stands

disposed of.

(Purnendu Singh, J)

mantreshwar/-

AFR/NAFR                N.A.F.R.
CAV DATE                N.A.
Uploading Date          01.08.2023
Transmission Date       N.A.