IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.355 of 2010
MD. EJAZ AHMAD, SON OF LATE MD. IZHARUL HAQUE, RESIDENT
OF MOHALLA- KARBIGAHIYA, P.O.- PRITHVIPUR (CHIRAIYA TAR), P.S.-
JAKKANPUR, PATNA- 800001, ASSISTANT, EMPLOYEES STATE INSURANCE
DISPENSARY, JAMAL ROAD, PATNA :---PETITIONER.
Versus
1. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY,
LABOUR RESOURCES DEPTT. GOVT. OF BIHAR, PATNA.
2. MD. VEYAS JEE, THE PRINCIPAL SECRETARY, LABOUR
RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA.
3. DR. AKHILESH SINGH, THE DIRECTOR, MEDICAL SERVICES,
EMPLOYEES STATE INSURANCE SCHEME, UNDER LABOUR
RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA.
4. DR. BIRENDRA KUMAR THAKUR, THE INSURANCE MEDICAL
OFFICER I/C, EMPLOYEES STATE INSURANCE DISPENSARY,
JAMAL ROAD, PATNA :----OPPOSITE PARTIES.
with
CIVIL REVIEW No.271 of 2010
1.THE STATE OF BIHAR
2. THE PRINCIPAL SECRETARY, LABOUR RESOURCES DEPARTMENT, GOVT. OF
BIHAR.
3. THE DIRECTOR, MEDICAL SERVICES, EMPLOYEE STATE INSURANCE SCHEME
UNDER LABOUR RESOURCES DEPARTMENT, GOVT. OF BIHAR.
4. THE INSURANCE MEDICAL OFFICER, I/C E.S.I. DISPENSARY JAMAL ROAD, PATNA
:--PETITIONER.
Versus
MD. EJAZ AHMAD, S/O- LATE MD. IZHARUL HAQUE, R/O- MOH.-
KARBIGAHIYA, P.O.- PRITHVIPUR TAL, P.S. JAKKANPUR, DIST. PATNA:--
RESPONDENT.
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3. 14.03.2011. Heard learned counsel for the petitioner and
the State.
2. The contempt application has been filed
asserting non-compliance of the orders of this Court
dated 23.11.2009 passed in C.W.J.C.No. 15995 of
2009, Annexure-A, whereunder this Court asked the
Director, Medical Services, Employees State
Insurance Scheme to consider the case of the
petitioner for payment of subsistence allowance. Such
prayer has been refused by the Director, Medical
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Services under orders dated 19.03.2010 which is
contained in Annexure-C to the review application
filed for review of the order dated 23.11.2009 on the
ground that petitioner having not reported his
attendance at the place of his headquarter is not
entitled for payment of subsistence allowance in the
light of proviso to sub-rule (iii) (1) of Rule 10 of the
Bihar Government Servants (Classification, Control &
Appeal) Rules, 2005 (hereinafter referred to as the
“Rules) which inter alia require the government
servant under suspension to mark his attendance at
the place of his headquarter.
3. It is submitted on behalf of the petitioner
that request of the petitioner for payment of
subsistence allowance was refused under order dated
19.03.2010 without appreciating the fact that his
medical condition was such that he could not made
himself available at the place of headquarter and had
requested for change of the headquarter. In support of
such plea reliance is placed on the prescription of the
Out Patient Department of the Nalanda Medical
College Hospital Unit Dr. Prof. A.K.Sinha-II dated
08.01.2010. It is submitted on behalf of the petitioner
that if the medical condition of the petitioner as is
appearing from the prescription dated 08.01.2010
was not acceptable to the Director, Medical Services
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he ought to have asked the petitioner to appear before
a medical board so as to confirm the findings
recorded in the prescription dated 08.01.2010. It is
also submitted on behalf of the petitioner that his
suspension has now been vacated and he has joined
his place of posting at Jamal Road, Patna.
4. Let the Director, Medical Services,
Employees State Insurance Scheme consider the
correctness or otherwise of the contents of the
medical prescription dated 08.01.2010 by asking the
medical officer who has issued such prescription
about the real state of health of the petitioner during
the relevant time and pass appropriate orders in
accordance with law. It goes without saying that if the
condition of the petitioner at the relevant time was
such that he could not have gone to Banjari, the
authorities will not insist on enforcing the proviso to
sub-rule (iii) (1) of Rule 10 but before coming to such
finding the actual state of health of the petitioner at
the relevant time must be ascertained.
5. Both the applications are accordingly,
disposed of.
(V.N.Sinha,J.)
P.K.P.