IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2226 of 2011
1. DR.ARUN KUMAR JHA, son of Sri Tribeni Kant Jha, resident of
B/102, Om Shail Baran Apartment, A Block, Sheikhpura Bagicha,
Patna. P S - Shastri Nagar, District - Patna-800 023.
2. Dr. Veena Pandey, wife of Arun Kumar Pandey, at present resident
of Mohalla - Patliputra Colony, House No. 47, P S - Patliputra,
District - Patna-800 013.
Versus
1. THE STATE OF BIHAR through Chief Secretary, Government of
Bihar, Patna.
2. The Principal Secretary, Health Department, Government of Bihar,
Patna.
3. The Principal Secretary, Finance Department, Government of Bihar,
Patna.
4. The Special Secretary, Finance Department, Government of Bihar,
Patna.
With
CWJC No.3333 of 2011
DR.KUMKUM SINHA, wife of Dr. Girish Kishore Sinha, resident of
Sector 'K' 194, Hanuman Nagar, Kankarbagh, Patna-800020, PS-
Patrakar Nagar, District-Patna.
Versus
1. THE STATE OF BIHAR through Chief Secretary, Government of
Bihar, Patna.
2. The Principal Secretary, Health Department, Government of Bihar,
Patna.
3. The Principal Secretary, Finance Department, Government of Bihar,
Patna.
4. The Special Secretary, Finance Department, Government of Bihar,
Patna.
With
CWJC No.3436 of 2011
1. DR.RADHA KIRSHNA CHOUDHARY, son of Sri Rameshwar
Choudhary, at present resident of Sandalpur Road, P S -Sultangaj,
Patna-800006, District - Patna (Bihar), at present posted as Civil
Surgeon, Patna.
2. Dr. Arun Kumar Sinha, son of late Sita Ram Sinha, resident of
village - Mahmda, P S - Pusa, District - Samastipur (Bihar) at
present posted as Regional Deputy Director, Health Magadh
Division, Gaya (Bihar).
Versus
1. THE STATE OF BIHAR through Chief Secretary, Government of
Bihar, Patna.
2. The Principal Secretary, Health Department, Government of Bihar,
Patna.
2
3. The Principal Secretary, Finance Department, Government of Bihar,
Patna.
4. The Special Secretary, Finance Department, Government of Bihar,
Patna.
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For the petitioners: Mr. Ashok Kumar Dubey.
For the State: M/S. Shyam Kishore Sharma, GA-3(in CWJC
No.2226/2011), M K Mishra, GP 25(in CWJC No.3333/2011) and S.
Raza Ahmad, AAG-9( in CWJC No.3436/2011).
_____
02. 11.3.2011 All these matters raise similar grievance which is
discrimination and violation of Articles 14 and 16 of the
Constitution of India because even in the same cadre merely on
the basis of educational qualification age of retirement has been
fixed differently, for post graduate age of retirement is 65 and for
others it is 62.
There may not be an occasion for this Court to
express opinion at this stage because of the petitioners have
moved Principal Secretary, Health, Government of Bihar, making
out a case for discrimination. In the opinion of this Court it will
be advisable for the Principal Secretary to inform such persons
who have filed representation or who are permitted to file
representation, the reasons for such a policy decision. If the
policy decision or the reasons to be indicated do not satisfy the
petitioners then there may be an occasion for this Court to
adjudicate. As there is no failure to perform the public duty at this
stage, the writ applications are little rushed in nature.
All the writ applications are disposed of with a
direction that the Principal Secretary, Health, will take a decision
and communicate a speaking order within a period of six weeks
3
from the date of receipt/production of a copy of this order for
those who have not filed or for those who have already filed.
rkp (Ajay Kumar Tripathi,J.)