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Manoj Kumar Roy vs The State Of Bihar
2024 Latest Caselaw 81 Patna

Citation : 2024 Latest Caselaw 81 Patna
Judgement Date : 4 January, 2024

Patna High Court

Manoj Kumar Roy vs The State Of Bihar on 4 January, 2024

Author: Anshuman

Bench: Anshuman

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2702 of 2020
     ======================================================
1.    Manoj Kumar Roy S/o Late Ramdeo Roy Resident of Village- Mahua Singh
      Roy, P.S.- Mahua, Distt.- Vaishali (Bihar), Pin-844122
2.   Santosh Kumar Patel S/o Ram Nath Patel Resident of Village- Imadpur, P.s.-
     Baligoun, District- Vaishali (Bihar), Pin- 843114
3.   Rajiv Ranjan Kumar S/o Sri Jagnnath Prasad Resident of Village- Biseni
     Khurd, P.s.- Kharari, Distt.- Rohtas (Sasaram) (Bihar), Pin- 821115
4.   Anjani Kumar Gitanjali S/o Sri Garib Nath Jha Resident of Village-
     Parmanandpur, P.s.- Mahua, District- Vaishali (Bihar), Pin- 844126
5.   Md. Salamullah S/o Late Abdul Tauhid Resident of Village- Astipur, P.s.-
     Hajipur(Sadar), District- Vaishali (Bihar),
6.   Rajendra Prasad Yadav S/o Late Kedar Roy Resident of Village- Tarwan
     Mangalpur, P.s.- Dariyapur, District- Saran (Bihar), Pin- 841101
7.   Ranvir Singh S/o late Brahmdeo Prasad Singh Resident of Village- Salalpur,
     P.s.- Parwalpur, District- Nalanda (Bihar), Pin- 803114
8.   Hareshwar S/o Thakur Balindra Prasad Singh Resident of Village- Roghopur
     Chandel, P.s.- Judawanpur, District- Vaishali (Bihar), Pin- 84
9.   Md. Qayumuddin S/o Md. Muslim Resident of Mohalla- Bauli,
     Phulwarisharif, P.s.- Phulwarisharif, Distt.- Patna (Bihar)
10. Md. Hamid Farooqui S/o Late Abdul Quddus Resident of Village- Rasoolpur
    Kawa, P.s.- Baligaon, District- Vaishali (Bihar),
                                                           ... ... Petitioner/s
                                        Versus

1.   The State of Bihar through the Principal Secretary, Department of Health,
     Govt. of Bihar, Patna
2.   The Director, Directorate of Health Services, Department of Health, Govt. of
     Bihar, Patna
3.   The State Health Society Bihar through its Chief Executive Officer, Parivar
     Kalyan Bhawan, Sheikhpura, Patna
4.   The Special Secretary-cum-Executive Director, State Health Society, Parivar
     Kalyan Bhawan, Sheikhpura, Patna
5.   The Chief Executive Officer, State Health Society, Parivar Kalyan Bhawan,
     Sheikhpura, Patna
6.   The Civil Surgeon-cum-Member Secretary, District Health Society,
     (Tuberculosis), Vaishali
7.    The State Programme Officer (Tuberculosis) Bihar, Agamkuan, Patna
                                                            ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Sanjay Kumar Tiwari, Advocate
     For the Respondent/s   :     Mr. Binod Kr. Yadav (SC18)
     For Respondent Nos.3 to 5:   Mr. K.K. Sinha, Advocate
 Patna High Court CWJC No.2702 of 2020 dt.04-01-2024
                                           2/3




                                        Mr. Shashi Shekhar, Advocate
       ======================================================
       CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
       ORAL JUDGMENT

Date : 04-01-2024

Learned counsel for the petitioners and learned

counsel for State Health Society are present.

2. Learned counsel for the petitioners submits

that during pendency of the writ petition services of petitioner

Nos.1, 2, 5, 7, 8 and 10 are not interested to pursue this matter

as they have been appointed on regular basis. Learned counsel

for the petitioners submits that he is persuading this case with

respect to other petitioners and submits that during pendency of

the writ petition a counter affidavit has been served. In the said

counter affidavit, particularly in paragraph-14, the stand has

been taken by the State Health Society that a committee has

been setup to look into the discrepancies in payment of

honorarium/remuneration to all NHM HR (the contractual

employee including the petitioners who are/were working on

the post of Lab Technician).

3. Learned counsel for the State Health Society

submits that after formation of the Committee there is every

likelihood that result of the said Committee shall definitely

come as early as possible.

4. On the basis of the pleadings made by the Patna High Court CWJC No.2702 of 2020 dt.04-01-2024

parties, it transpires to this Court that the grievance of the

petitioners has come at the highest level in the State Health

Society and they have framed a Committee to look into the

grievances of the petitioners, this Court directs to the said

Committee, as framed according to Annexure- R-3/3, within six

months do all the needful so that the grievances of the

petitioners may be fulfilled by way of listening their individual

objections, if any. It is also directed that the decision of the

committee shall be communicated to the petitioners as well as

published in the domain, including website of the State Health

Society and liberty is hereby granted to the petitioners. If they

shall be aggrieved by the decision of the said committee they

shall challenge it before the appropriate forum.

5. It is made clear that liberty is also granted to

the petitioners who have withdrawn their writ petitions, in case

they are aggrieved by the decision of the said Committee.

6. With the aforesaid observation and directions,

this writ petition is hereby disposed of.

(Dr. Anshuman, J) Mkr./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          09.01.2024
Transmission Date       NA
 

 
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