Patna High Court
Dr. Arbind Kumar Singh vs The State Of Bihar And Ors on 23 January, 2024
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4712 of 2018
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Dr. Arbind Kumar Singh S/o Late Jaikishore Singh Resident of 262 Nehru
Nagar, Boring Road, P.S. - Nehru Nagar, District - Patna at present posted as
Senior Resident Surgery Department Vardhman Medical College Pawapuri,
Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Health Department, Government of Bihar, Patna.
3. The Principal Secretary, Finance Department, Government of Bihar, Patna.
4. The Special Secretary, Health Department, Government of Bihar, Patna.
5. The Officer on Special Duty, Health Department, Government of Bihar,
Patna.
6. The Under Secretary, Finance Personal Claim Fixation Cell Department,
Government of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kiran Sinha, Advocate
For the Respondent/s : Mr. Manoj Kumar Yadav, AC to AAG-10
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 23-01-2024
Heard learned counsel for the petitioner and learned
counsel for the State.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for the following relief/s:-
" (i)For payment of salary for one day
dated 29.03.2020.
(ii) For regularization of period from
30.03.2000
to 04.06.2002 as extraordinary leave
during which the petitioner was pursuing Post
Graduate study in the Department of Surgery
Patna High Court CWJC No.4712 of 2018 dt.23-01-2024
from PMCH, Patna.
(iii) For payment of salary for the
period from 05.06.2002 to 18.06.2003 during
which he was kept waiting for posting in the
Health Department.
(iv) For regularization of period from
07.01.2006 to 06.09.2010 as training period
during which the petitioner was pursuing senior
residency in Neuro and Gastro Department at
IGIMS, Patna.
(v) For payment of salary for the
period from 07.09.2010 to 05.01.2011 during
which he was kept waiting for posting in the
Health Department.
(vi) For issuance of appropriate
direction to respondents authorities to pay
interest at the market rate for the non-payment of
salary."
3. Learned counsel for the State submits that
considering the entire pleading of the petitioner, the decision has
been taken at the competent level by which datewise
consideration about the entitlement of his payment has been
considered, as contained in Annexure-A to the counter affidavit,
filed on behalf of respondent No.5.
4. Learned counsel for the petitioner submits that the
said decision is not correct as he has ample proof that during the
Patna High Court CWJC No.4712 of 2018 dt.23-01-2024
said period, he was working /waiting for posting. He has
controverted the statement in the rejoinder affidavit on the basis
of the supported document made in the writ petition.
5. In this view of the matter, this writ petition is
disposed off directing the respondent authority to make payment
of his admitted dues and for the period for which the petitioner
has raised objection, he is hereby permitted to file a
representation before the Principal Secretary, Health
Department, Government of Bihar, Patna, who upon considering
the documents of his working /waiting for posting shall take a
decision in this regard within three months from the date of
production of representation along with a copy of this order.
6. With the aforesaid observation and direction, the
writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 24/01/2024
Transmission Date NA
