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
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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.)