Chief, Health Services, Government of v. Bihar, Patna
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3891 of 2011 ====================================================== Malti Kumari, No. 1 @ Malti Kumari wife of Sri Awadhesh Prasad, resident of village Sirchandpur, P.S.- Harnaut, District- Nalanda. 1. The State Of Bihar 2. Dr. Surendra Prasad, Director-in-Chief, Health Services, Government of Versus Bihar, Patna. 3. Dr. Ganesh Mahto, The Civil Surgeon-cum-Chief Medical Officer, .... .... Petitioner/s Madhubani. .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.3402 of 2011 ====================================================== Anugrah Bhagat .... .... Petitioner/s The State Of Bihar & Ors Versus .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.4615 of 2011 ====================================================== 1. Arvind Kumar Singh S/O Late Shyam Kishore Prasad Singh R/O Village - Post - Office And Police Station - Barahia, District - Lakhisarai .... .... Petitioner/s Versus 1. The State Of Bihar Through The Commissioner - Cum - Secretary, Department Of Health And Family Welfare, Government Of Bihar, New Secretariat, Patna, Namely Dr. Amarjeet Singh 2. The Director - In - Chief, Health Services, Govt. Of Bihar, New Secretariat, Patna Namely Dr. Surendra Prasad 3. The Director Health Services, Govt. Of Bihar, New Secretariat, Patna, 4. The Regional Deputy Director, Health Services, Magadh Division, Gaya, Namely Dr. Arun Kumar 5. The Civil Surgeon - Cum - Chief Medical Officer, Aurangabad Namely Dr. Parsuram Bharti 6. The Incharge, Medical Officer, Primary Health Centre, Dev, Aurangabad Namely Dr. Mohamad Saneed .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.3534 of 2011 ====================================================== Devendra Rai Versus .... .... Petitioner/s
Facts
Patna High Court MJC No.3891 of 2011 (14) dt.16-05-2013 2 The State Of Bihar & Ors .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.579 of 2011 ====================================================== Mahendra Singh .... .... Petitioner/s The State Of Bihar & Ors. Versus .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.5676 of 2011 ====================================================== 1. Kishore Kumar Jha S/O Late Lutan Jha R/O Village - Tharhi, P.S. Andharatharhi, District - Madhubani .... .... Petitioner/s
Legal Reasoning
passed by this Court in connected/identical matters, some of them are still pending disposal. Learned counsels for the petitioners, on going through the list, do not dispute the aforesaid stand taken by the State that the petitioner(s) of those cases have already been reinstated in service with current salary. Mr. Sinha having placed the status submits that there is substantial compliance of the order passed by the writ Court. Such reinstatement of the petitioners in service with current salary are subject to the decision of the pending/proposed writ appeals. Regard being had to above, this Court would accept the same as substantial compliance of the order passed on the writ petition(s) of the present contempt petition(s). The payment of back salary/wages is left to be agitated before the concerned authority to be decided in accordance with law.
Arguments
Versus 1. The State Of Bihar Through Dr. Amarjeet Sinha, Commissioner - Cum - Secretary, Health Services, Bihar, Patna 2. Shri Surendra Singh S/O Name Not Known To The Petitioner, At Present Working As The Director - In - Chief, Health Services, Bihar, Patna 3. Dr. Rameshwar Safi S/O Name Not Known To The Petitioner At Present Working As Regional Deputy Director Of Health, Darbhanga Division, R/O P.S. Darbhanga Town, District - Darbhanga ( Hereinafter Referred To As 'Rddh', Darbhanga ) 4. Dr. Sudhir Kumar Sinha S/O Name Not Known To The Petitioner At Present Working As The Civil Surgeon - Cum - Chief Medical Officer , Madhubani R/O ( Hereinater Referred To As 'The C.S., Madhubani ) 5. Dr. Amar Nath Jha S/O Name Not Known To The Petitioner At Present Working As The In - Charge, Medical Officer, Primary Health Centre, Andharatharhi, P.S. Andharatharhi, District - Madhubani .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.2202 of 2011 ====================================================== Raj Narayan Poddar .... .... Petitioner/s The State Of Bihar & Ors Versus .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.3445 of 2009 ====================================================== Ashok Kumar Mahto .... .... Petitioner/s The State Of Bihar & Ors. Versus Patna High Court MJC No.3891 of 2011 (14) dt.16-05-2013 3 .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.5075 of 2011 ====================================================== 1. Baidya Nath Kamat S/O Late Ravi Kant R/O Village - Bodai, Police Station Lakhanpur, District - Madhubani 2. Md. Rasul S/O Md. Mannan R/O Village - Bodai, Teghara, Police Station - Lakhanpur, District - Madhubani 3. Upendra Yadav S/O Late Bilat Yadav R/O Village - Nanua, Police Station - Lakhnaur, District - Madhubani Versus .... .... Petitioner/s 1. The State Of Bihar 2. Sri Surendra Prasad, The Director - In - Chief Health Service, Government Of Bihar, Patna 3. Sri Sudhir Kumar Sinha, The Civil - Cum - Chief Medical Officer, Madhubani, District - Madhubani 4. Sri Chandra Mohan Mishra, Incharge Medical Officer, Primary Health Centre, Ghogherdiha, District - Madhubani .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.4723 of 2011 ====================================================== 1. Mahesh Kumar Mukhiya S/O Late Kusheshwar Mukhiya Resident Of Village Tamuria, Police Station Lakhnour, District Madhubani. Versus .... .... Petitioner/s 1. The State Of Bihar 2. Dr. Ganesh Mahto S/O Not Known The Then Civil Surgeon Cum Chief Medical Officer, Madhubani. 3. Dr. Sudhir Kumar Sinha S/O Not Known The Civil Surgeon Cum Chief Medical Officer, Madhubani. 4. Dr. Surendra Prasad S/O Not Known The Director In Chief, Health Services, Bihar, Patna. 5. Sri Amarjeet Sinha S/O Not Known The Principal Secretary, Health Department, Bihar, Patna. 6. Dayanand Jha S/O Not Known Presently Posted As Head Clerk, In The Office Of Civil Surgeon Cum Chief Medical Officer, Madhubani. 7. Md. Kaisar Ali S/O Not Known Presently Posted As Stenographer, In The Office Of Civil Surgeon Cum Chief Medical Officer, Madhubani. .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.3840 of 2011 ====================================================== Gurusharan Yadav .... .... Petitioner/s Patna High Court MJC No.3891 of 2011 (14) dt.16-05-2013 4 The State Of Bihar & Ors Versus .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.1065 of 2011 ====================================================== Durganand Yadav .... .... Petitioner/s The Stat Of Bihar & Ors. Versus .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.5191 of 2011 ====================================================== 1. Nathan Kamat S/O Gonar Kamat R/O Village & P.O. Dagmara, District - Supaul Versus .... .... Petitioner/s 1. The State Of Bihar 2. Director - In - Chief Health Services, Govt. Of Bihar, Patna Namely Surendra Prasad 3. Civil Surgeon - Cum - Chief Medical Officer, Madhubani, District - Madhubani Namely Dr. Sudhir Kumar Singh 4. The In - Charge Medical Officer, Primary Health Centre, Madhubani Namely Dr. Chandramani Mishra .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.5290 of 2011 ====================================================== 1. Nagendra Sahu S/O Late Anant Sahu R/O Villasge - Ruchaul, P.O. Makrampur, P.S. Darbhanga Sadar, District - Darbhanga 2. Baidyanath Yadav S/O Sri Kattar Yadav R/O Village - Singiyoan, P.S. Andhratharhi, District - Madhubani 3. Ram Prakash Yadav S/O Raja Ram Yadav R/O Village - Gangapur, P.S. Lakhnour, District - Madhubani Versus .... .... Petitioner/s 1. The State Of Bihar 2. Dr. Sudhir Kumar Sinha S/O Not Known, The Civil Surgeon - Cum - Chief Medical Officer, Madhubani 3. Dr. Surendra Prasad S/O Not Known, The Director - In - Chief, Health Services, Bihar, Patna 4. Sri Amarjeet Sinha S/O Not Known , The Principal Secretary, Health Department, Bihar Patna 5. Dr. Chandramani Mishra S/O Not Known, The Incharge Medical Officer, Primary Health Centre Ghogardiha, District - Madhubani Patna High Court MJC No.3891 of 2011 (14) dt.16-05-2013 5 .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.47 of 2012 ====================================================== 1. Bhola Nath Sah S/O Late Kusumlal Sah R/O Village - Bodai, P.S. Lakhnour, District - Madhubani 2. Kusheshwar Yadav S/O Sri Ganga Ram Yadav R/O Village - Bodai, P.S. Lakhnour, District - Madhubani Versus .... .... Petitioner/s 1. The State Of Bihar 2. Dr. Surendra Prasad, The Director In Chief, Health Service, Government Of Bihar, Patna 3. Sri Sudhir Kumar Sinha, The Civil Cum Chief Medical Officer, Madhubani, District - Madhubani 4. Sri Chandra Mohan Mishra, Incharge Medical Officer, Primary Health Centre, Ghogherdiha, District - Madhubani .... .... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No.2910 of 2011 ====================================================== Birendra Prasad Sinha .... .... Petitioner/s The State Of Bihar & Ors. Versus .... .... Respondent/s ====================================================== Appearance : (In MJC No.3891 of 2011) For the Petitioner/s : Mr. Gajanan Arun For the Respondent/s : Mr. Shail Kumari Sc15 (In MJC No.3402 of 2011) For the Petitioner/s : Mr. Shambhu Sharan Singh For the Respondent/s : Mr. Ashok Kumar Keshri Aag11 (In MJC No.4615 of 2011) For the Petitioner/s : Mr. Ranjeet Choubey For the Respondent/s : Mr. Amar Nath Deo Sc26 (In MJC No.3534 of 2011) For the Petitioner/s : Mr. Ugranath Mallik For the Respondent/s : Mr. Devendra Kr Sinha Aag2 (In MJC No.579 of 2011) For the Petitioner/s : Mr. Rajesh Kumar Singh For the Respondent/s : Mr. G.K. Agrwal Ga10 (In MJC No.5676 of 2011) For the Petitioner/s : Mr. Kripa Nand Jha For the Respondent/s : Mr. Devendra Kr Sinha Aag2 (In MJC No.2202 of 2011) For the Petitioner/s : Mr. Shiv Kumar For the Respondent/s : Mr. Yogendra Pd. Sinha Aag15 Patna High Court MJC No.3891 of 2011 (14) dt.16-05-2013 6 (In MJC No.3445 of 2009) For the Petitioner/s : Mr. Shiv Kumar For the Respondent/s : Mr. (Ga7) (In MJC No.5075 of 2011) For the Petitioner/s : Mr. Suraj Narain Yadav For the Respondent/s : Mr. P.K. Verma Aag5 (In MJC No.4723 of 2011) For the Petitioner/s : Mr. Prafull Chandra Jha For the Respondent/s : Mr. Rakesh Kr Samrendra Sc21 (In MJC No.3840 of 2011) For the Petitioner/s : Mr. Prafull Chandra Jha For the Respondent/s : Mr. Prasoon Sinha Ga2 (In MJC No.1065 of 2011) For the Petitioner/s : Mr. Prafull Chandra Jha For the Respondent/s : Mr. Ashok Kumar Keshri Aag11 (In MJC No.5191 of 2011) For the Petitioner/s : Mr. Prabhakar Kumar For the Respondent/s : Mr. P.K. Verma Aag5 (In MJC No.5290 of 2011) For the Petitioner/s : Mr. Prafull Chandra Jha For the Respondent/s : Mr. Md. N. Hoda Khan Sc18 (In MJC No.47 of 2012) For the Petitioner/s : Mr. Hriday Narayan Harshit For the Respondent/s : Mr. P.K. Verma Aag5 (In MJC No.2910 of 2011) For the Petitioner/s : Mr. Gajanan Arun For the Respondent/s : Mr. Devendra Kr Sinha Aag2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 14 16-05-2013 Counsels for the petitioners of the present contempt applications and Sri D.K. Sinha, learned Additional Advocate General-II for the State are present. Heard A list prepared by the authority detailing status of these cases and others has been placed for consideration by this Court. The list handed in by Sri Sinha is taken on record and marked as “X” for identification. Learned counsel for the State, in the light of facts Patna High Court MJC No.3891 of 2011 (14) dt.16-05-2013 7 ascertained and disclosed therein, states that in the aforesaid cases, the petitioners have already been reinstated in service with current salary. He submits that payment of the arrears of salary to the petitioners is under consideration in the light of various orders
Decision
The contempt applications are, accordingly, disposed of. Pankaj/- (Kishore Kumar Mandal, J)