IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2979 of 2010
RAMJI PRASAD YADAV S/O SRI RAJ NARAYAN SINGH R/O
VILL DUMRIGARH,P.S.MAJHI,DISTT-CHAPRA
Versus
1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY
GOVERNMENT OF BIHAR, PATNA.
2. THE COMMISSIONER-CUMPRINCIPAL SECRETARY,
DEPARTMENT OF HEALTH GOVERNMENT OF BIHAR,
PATNA.
3. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICE
MAGADH COMMISSIONERI, GAYA.
4. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER
AURANGABAD.
5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH
SERVICE null HASPURA, AURANGABAD.
with
CWJC No.3034 of 2010
SATYENDRA PRASAD SINGH S/O SRI JAGGU PRASAD
SINGH R/O VILL SHEKHPURA,P.S.GHOSHI,DISTT-
JAHANABAD.
Versus
1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY
STATE OF BIHAR, PATNA.
2. THE COMMISSIONER CUM-SECRETARY, DEPARTMENT
OF HEALTH GOVERNMENT OF BIHAR, PATNA.
3. THE REGIONAL DEPUTY DIRECTOR, DEPARTMENT OF
HEALTH, GAYA.
4. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER
NAWADA.
5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH
CENTRE HISHUA, NAWADA.
with
CWJC No.3073 of 2010
SHAILENDRA KUMAR S/O SRI DWARIKA MAHATO R/O
VILL.- ISWAHAKPUR, P.S.- AKANGAR, DISTT.- NALANDA
Versus
1. THE STATE OF BIHAR.
2. THE SECRETARY CUM COMMISSIONER, HEALTH
SERVICE, GOVT. OF BIHAR, PATNA.
3. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICE,
MAGADH PRAMANDAL, GAYA.
4. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER,
GAYA.
5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH
CENTRE, FATEHPUR, GAYA.
with
CWJC No.3151 of 2010
SHAMBHU KUMAR S/O SRI SURESH PRASAD R/O VILL.-
KURMIBIGHA, P.S.- GHOSHI, DISTT.- JAHANABAD
Versus
2
1. THE STATE OF BIHAR, THROUGH CHIEF SECRETARY
GOVT. OF BIHAR, PATNA.
2. THE COMMISSIONER CUM SECRETARY DEPTT. OF
HEALTH, GOVT. OF BIHAR, PATNA.
3. THE CIVIL SURGEON, CUM CHIEF MEDICAL OFFICER null
NAWADA.
4. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER null
AURANGABAD.
5. THE INCHARGE MEDICAL OFFICER PRIMARY HEALTH
CENTRE, SIRDALA, NAWADA.
with
CWJC No.3266 of 2010
1. AMBUJ KUMAR VERMA S/O SRI KAILASH PRASAD R/O
VILL.- KURMIBIGHA, P.S.- GHOSHI, DISTT.- JEHANABAD
Versus
1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY
GOVERNMENT OF BIHAR, PATNA.
2. THE SECRETARY CUM COMMISSIONER HEALTH
SERVICE, GOVERNMENT OF BIHAR, PATNA.
3. THE REGIONAL DEPUTY DIRECTOR HEALTH SERVICE,
MAGADH PRAMANDAL, GAYA.
4. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER
JEHANABAD.
5. THE INCHARGE MEDICAL OFFICER ADDITIONAL
PRIMARY HEALTH CENTRE, SANDU PHATEHPUR, ARWAL,
JEHANABAD.
with
CWJC No.3432 of 2010
1. SATENDRA KUMAR VERMA S/O SRI SURESH CHANDRA
SINGH R/O VILL.- MURGIA CHAK, P.S.- GHOSI, DISTT.-
JAHANABAD.
Versus
1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY,
STATE OF BIHAR, PATNA.
2. THE COMMISSIONER CUM SECRETARY HEALTH
SERVICE, GOVT. OF BIHAR, PATNA.
3. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICE,
MAGADH PRAMANDAL, GAYA.
4. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER,
JAHANABAD.
5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH
CENTRE ARWAL.
with
CWJC No.3660 of 2010
ARUN PRASAD S/O SRI RAM CHANDRA MAHATO R/O
VILL.- KURMIBIGHA, P.S.- GHOSHI, DISTT.- JAHANABAD
Versus
1. THE STATE OF BIHAR, THROUGH CHIEF SECRETARY,
GOVT. OF BIHAR, PATNA.
2. THE COMMISSIONER CUM SECRETARY, DEPTT. OF
HEALTH, GOVT. OF BIHAR, PATNA.
3
3. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICE
MAGADH PRAMANDAL, GAYA.
4. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER,
JAHANABAD.
5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH
CENTRE, KURTHA, ARWAL.
With
C.W.J.C. No.3414 of 2010
PRAMOD KUMAR SINHA SON OF SRI RAGHUYNATH
PRASAD, RESIDENT OF VILLAGE - KURMI BIGHA, P.S.
GHOSI, DISTRICT - JEHANABAD.
VERSUS
1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY,
GOVERNMENT OF BIHAR, PATNA.
2. THE SECRETARY CUM COMMISSIONER, HEALTH
SRVICE, GOVERNMENT OF BIHAR, PATNA.
3. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICE,
MAGADH PRAMANDAL, GAYA.
4. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER,
GAYA.
5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH
CENTRE, GAYA.
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02. 10.12.2010 Petitioners are employees engaged in the year 1986 and
onwards whose services came to be terminated by the respondents in
the year 2002-2003, in terms of Annexure-7 (in CWJC No.2979/2010),
Annexure-4 (in CWJC No.3073/2010), Annexure-3 (in CWJC
Nos.3034, 3151, 3266, 3432 and 3660 of 2010 respectively) and
Annexure-5 (in CWJC No.3414 of 2010). Petitioners have challenged
the said decisions now in the year 2010 on various grounds.
Not only the writ applications are stale and belated but
earlier applications with similar reliefs have come to decided by various
Benches of this Court and directions have been issued from time to
time. Since the petitioners have failed to participate in any those
proceedings at any point of time, no innovation can be permitted for
them by treating these cases in isolation.
4
Even otherwise as things stand today, the last of the order
passed by the Bench Division is the case of The State of Bihar and
others vs. Sohan Roy and its analogous cases, reported in 2010(2)
PLJR, 397. Since in the said Division Bench’s decision only such
petitioners have been permitted to go before one man committee, this
Court cannot even order that petitioners should approach one man
committee because the single Judge has no authority to expand the
ambit of the Division Bench.
In the totality these writ petitions cannot be entertained and
they are dismissed.
rkp ( Ajay Kumar Tripathi, J.)