IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10343 of 2010
1. MRS. GYANMAYEE CHOUDHARY W/O SRI ANAND MOHAN
CHOUDHARY POSTED AS- MATRON AT P.M.C.H., PATNA, P.S.-
PIRBAHORE, DISTT.- PATNA
Versus
1. THE STATE OF BIHAR
2. THE SECRETARY CUM COMMISSIONER, HEALTH
SERVICES, GOVT. OF BIHAR, PATNA
3. THE DIRECTOR IN CHIEF, HEALTH SERVICES, BIHAR,
PATNA
4. THE DIRECTOR, HEALTH SERVICES, BIHAR, PATNA
5. THE SUPERINTENDENT, PATNA MEDICAL COLLEGE
HOSPITAL, PATNA
6. THE DEPUTY SUPERINTENDENT, PATNA MEDICAL
COLLEGE HOSPITAL, PATNA
-----------
02. 7.3.2011 There are many a reliefs which are being sought for
by the petitioner in the present writ application. First was with
regard to grant of 2nd ACP, as also a demand for allotment or
regular quarter as a Matron and also for provision of a peon and a
nightguard to her.
In the counter affidavit it is stated that petitioner has
already been given benefit of 1st ACP. The 2nd ACP will accrue
to her after completion of 24 years of service. Since that period
has not been completed there is no question of giving any benefit
at this stage. With regard to allotment of quarter, their stand is
that petitioner has been allotted a room but in absence of facilities
or dwelling houses as such, regular allotment of quarter has not
been made. It is also the stand of the respondents that there is no
provision in the rules for providing a nightguard or a peon.
So far as first relief is concerned, it is evident that
the time for grant of second ACP has not come. When the
petitioner completes the time frame of 24 years , the benefit will
2
accrue to her. So far providing quarter and other facilities is
concerned the said issue will be looked into by the Superintendent
of PMCH, who shall examine the availability of the facilities as
also whether providing such facilities if available enhances the
efficacy and performance of the petitioner in running the
administration of the hospital in a more effective manner.
The writ application is disposed of with above
observation.
rkp (Ajay Kumar Tripathi,J.)