High Court Patna High Court - Orders

Dr.Shailendra Kumar vs The State Of Bihar &Amp; Ors on 14 December, 2010

Patna High Court – Orders
Dr.Shailendra Kumar vs The State Of Bihar &Amp; Ors on 14 December, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.3725 of 2010
                  1. DR.SHAILENDRA KUMAR S/O LATE JAI KRISHNA
                  PRASAD R/O VILLAGE KUSHARI ,P.O BIND, DISTRICT-
                  NALANDA AT PRESENT RESIDING AT K-202, PEOPLE'S
                  CO-OPERATIVE COLONY, KANKARBAGH,PATNA -
                  800020
                                         Versus
                  1. THE STATE OF BIHAR THROUGH THE PRINCIPAL
                  SECRETARY DEPARTMENT OF HEALTH
                  GOVERNMENT OF BIHAR, PATNA
                  2. THE PRINCIPAL SECRETARY DEPARTMENT OF
                  HEALTH GOVERNMENT OF BIHAR, PATNA.
                  3. THE DEPUTY SECRETARY, DEPARTMENT OF
                  HEALTH GOVERNMENT OF BIHAR, PATNA
                                       -----------

2 14/12/2010 Annexure-1 dated 03.11.2009 is hereby quashed.

Matter is remitted back to the respondent State

authorities to reconsider the claim of the petitioner in

light of the ratio laid down by the Division Bench in the

case of Dr. Sunil Kumar Vs. State of Bihar and others

which is L.P.A. No. 810 of 2007 disposed of on

17.3.2008. A copy of the said decision has been annexed

as annexure-2-A.

Petitioner is hereby directed to file a fresh

application before the concerned respondent with a copy

of this order as well as copy of the order passed in L.P.A.

No. 810 of 2007 for the benefit of the respondents to take

a decision in the matter afresh preferably within a period
-2-

of three months from the date of filing of such

application.

This writ application is disposed of with the

direction aforesaid.

AMIN/                  (Ajay Kumar Tripathi, J.)