High Court Patna High Court - Orders

Dr.Arun Kumar Jha &Amp; Anr vs The State Of Bihar &Amp; Ors on 11 March, 2011

Patna High Court – Orders
Dr.Arun Kumar Jha &Amp; Anr vs The State Of Bihar &Amp; Ors on 11 March, 2011
 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.
                                                 -----------

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.)