Citation : 2024 Latest Caselaw 81 Patna
Judgement Date : 4 January, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2702 of 2020
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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
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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
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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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