Patna High Court
Parashuram Tiwari vs The State Of Bihar And Ors on 9 January, 2024
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15084 of 2012
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Parashuram Tiwari S/O Late Nand Kishore Tiwari Resident Of Village-
Niranjanpur, Buxar, P.O. Ahirauli, P.S. Audyogiknagar, District- Buxar
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Department Of Health, Medical Education And
Family Welfare, Govt. Of Bihar, Patna
3. The Additional Secretary, Department Of Health, Medical Education And
Family Welfare, Govt. Of Bihar, Patna
4. The Deputy Secretary, Department Of Health, Medical Education And
Family Welfare, Govt. Of Bihar, Patna
5. The Director, Indegenous System Of Medicine Deshi Chikista, Government
Of Bihar, Patna
6. The Principal, Government Dhanwantri Ayurvedic College, Ahirauli, Buxar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shiv Kumar, Advocate
For the Respondent/s : Mrs. Binita Singh
Mr. Vivek Anand Amritesh, AC to SC 28
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 09-01-2024
Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the State.
2. Despite three adjournments, no counter affidavit
has been filed on behalf of the State.
3. During the pendency of the writ petition, the
petitioner has filed a supplementary affidavit stating therein that
one Bishram Ojha was also terminated from service along with
the petitioner by order dated 29.08.2003 as contained in
Annexure - 3 of the writ petition. The said Bishram Ojha has
been paid the entire salary and other consequential benefits from
the date of termination until his reinstatement, in compliance of
the judgment dated 27.03.2018 passed in CWJC No. 12384 of
Patna High Court CWJC No.15084 of 2012 dt.09-01-2024
2/3
2006 which has also been affirmed by order dated 01.09.2023
passed in LPA No. 1211 of 2018 by a Division Bench of this
Court.
4. Learned counsel for the petitioner submits that
although Shri Bishram Ojha was also reinstated in service with
the same conditions as that of the petitioner and that he will not
get salary from the date of termination until his reinstatement on
the principle of "No Work No Pay' which is clear from the order
passed by respondent no. 5 contained in memo no. 1156 dated
17.12.2014.
5
. Learned counsel for the petitioner further relied
upon the paragraph 4.C(1) of the Bihar State Litigation Policy,
2011 framed by the state government itself that clearly states
that "A good number of cases are from the category of similar
cases. Each Government Department will aim to consider and
settle the claim of the representationist/applicant-
employee/citizen, if the claim is found covered by any decision
of the Court. Many service matters of this nature, can be
disposed of at the level of the Department itself without
compelling the litigant to come to the Court. In this manner, the
Government Departments would be acting as efficient litigants."
6. Learned counsel for the petitioner submits that in
view of the aforesaid, the petitioner is also entitled to the reliefs
as granted to one Bishram Ojha in same terms and condition as
Patna High Court CWJC No.15084 of 2012 dt.09-01-2024
stipulated in order dated 27.03.2018 passed in CWJC No. 12384
of 2006 which has also been affirmed by order dated 01.09.2023
passed in LPA No. 1211 of 2018 by a Division Bench of this
Court.
7. In view of the aforesaid, the court is left with no
other option except to dispose of the writ petition in terms of the
order dated 27.03.2018 passed in CWJC No. 12384 of 2006
which has also been affirmed by order dated 01.09.2023 passed
in LPA No. 1211 of 2018 by a Division Bench of this Court and
in light of Litigation Policy of the Government of Bihar. The
respondents are directed to examine the case of the petitioner
and if it is found that the case of the petitioner is on the similar
footing of the one Bishram Ojha then the respondents are
directed to issue necessary orders in favour of the petitioner
within a period of 3 months from the date of receipt/production
of copy of order of this Court.
8. Accordingly, this writ petition stands allowed.
(Rajesh Kumar Verma, J)
Vanisha/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 22.01.2024
Transmission Date N/A
