Partly allowed

Dr Anand Kumar Sinha v. the State of Jharkhand

Jharkhand HC1 Oct 2021C.M.P./199/2021

Case brief

AI extract

What is this about?

The High Court modified a previous order in a writ petition regarding enhancement of superannuation age for doctors. It directed additional respondents to comply with the earlier directions within a specified timeframe and treated this order as part of the previous judgment.

What did the court decide?

The order dated 06.07.2020 was modified to direct Respondents 2 to 5 to take a decision in terms of that order and file a fresh representation. The petition was allowed and disposed of.

Dr Anand Kumar Sinha Vs the State of… — Pension and Retirement Benefits | Jharkhand HC (2021)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

C.M.P. No. 199 of 2021

¶3

Dr. Anand Kuma Sinha, aged about 60 years, son of Late Yogendra Prasad Sinha, resident of Umedanda, P.O.-Umedanda, P.S.-Burmu, District-Ranchi.

¶4

Dr. Sharifur Rahaman, aged about 58 years, son of Raisur Rahman, resident of Barkela, P.O.-Barkela, P.S.-Chaibasa, District-West Singhbhum.

¶5

Dr. Ashok Kumar, aged about 57 years, son of Dadul Ram, resident of Gawalkata, P.O.- Butagoda, P.S.-Potka, District-East Singhbhum.

¶6

.... …Petitioners

¶7

Versus

¶8

The State of Jharkhand.

¶9

The Principal Secretary, Scheduled Caste, Scheduled Tribe, Minority and Other Backward Classes, Welfare Department, Govt. of Jharkhand, having its office at Project Building, Dhurwa, P.O. and P.S.-Dhurwa, Ranchi.

¶10

The Principal Secretary, Planning and Finance Department, Govt. of Jharkhand, having its office at Project Building, Dhurwa, P.O. and P.S.Dhurwa, Ranchi.

¶11

The Principal Secretary, Personnel Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand, having its office at Project Building, Dhurwa, P.O. and P.S.-Dhurwa, Ranchi.

¶12

The Secretary, Department of Health and Family Welfare, having its office at Nepal House, P.O. and P.S.-Doranda, District-Ranchi.

¶13

..... … Opposite Parties

¶14

¶15

CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

¶16

-----For the Petitioners : Mr. Saurabh Shekhar, Advocate For the Opposite Parties : Mr. Rishu Ranjan, A.C. to S.C.-III.

¶17

¶18

06/ 01.10.2021 Heard Mr. Saurabh Shekhar, learned counsel appearing for the petitioners and Mr. Rishu Ranjan, learned A.C. to S.C.-III appearing for the State.

¶19

2 . This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

¶20

This civil miscellaneous petition has been filed for modification of the order dated 06.07.2020 passed in W.P.(S) No. 2419 of 2019. On 06.07.2020 the writ petition was disposed of with the following directions:-

¶21

“Accordingly, Principal Secretary of the Health Department, Government of Jharkhand is directed to re-consider the case of the petitioners for enhancing their age of superannuation from 60 to 65 years. He will also take into consideration the Fitment Committee report (Annexure-2) whereby the petitioners are directed to get at par with all the doctors. In view of earlier decision in the matter, the

¶22

-2-

¶23

Court directs the petitioners to file their individual recommendations placed on record and the relevant facts before the Principal Secretary of the Health Department with all the credentials and the documents on which they are relying within a period of two weeks. If such representation is filed by the petitioners within the aforesaid period, the Principal Secretary of Health Department will place the matter before the State Government for taking a decision in accordance with rules, regulations and guidelines particularly the fact of Fitment Committee report (Annexure-2) and Section 73 of Bihar Reorganization Act and counterpart of the State of Bihar wherein they have been provided such benefit within a period of three months thereafter.

¶24

With the above observations and directions, this writ petition stands disposed of.”

¶25

Mr. Saurabh Shekhar, learned counsel appearing for the petitioners submits that in the order dated 06.07.2020 direction was issued inadvertently only upon the Principal Secretary of the Health Department, Government of Jharkhand, whereas the direction is also required to be issued upon the Principal Secretary, Scheduled Caste, Scheduled Tribe, Minority and Other Backward Classes, Welfare Department, Govt. of Jharkhand, the Principal Secretary, Planning and Finance Department, Govt. of Jharkhand and the Principal Secretary, Personnel Administrative Reforms and Rajbhasha Department, Govt. of Jharkhand. He submits that due to that the order has not been complied with and for the said reason, this civil miscellaneous petition has been filed.

¶26

Mr. Rishu Ranjan, learned A.C. to S.C.-III fairly submits that the appointing authority of the petitioners are the Principal Secretary, Scheduled Caste, Scheduled Tribe, Minority and Other Backward Classes, Welfare Department, Govt. of Jharkhand and in that view of the matter the direction is required to be issued upon the other opposite parties.

¶27

In view of such submission and looking into the facts and circumstances of the case and considering that the order is already in favour of the petitioners, but due to direction upon the Principal Secretary of the Health Department, Government of Jharkhand, the order has not been complied with.

¶28

In view of above the order dated 06.07.2020, passed in W.P.(S) No. 2419 of 2019 is modified, directing the respondent Nos. 2 to 5 (O.P. Nos. 2 to 5 herein) to take a decision in terms of order dated 06.07.2020.

¶29

-3-

¶30

The order dated 06.07.2020, passed in W.P.(S) No. 2419 of 2019 is modified to the above extent.

¶31

The petitioners are directed to file a fresh representation before the respondent Nos. 2 to 5 (O.P. Nos. 2 to 4 herein) within a week. 10. Since the Principal Secretary of the Health and Welfare Department, Government of Jharkhand has already taken a decision, the other respondents (opposite parties herein) are directed to pass the order within three weeks thereafter.

¶32

Let this order be treated as a part of the order dated 06.07.2020 passed in W.P.(S) No. 2419 of 2019. 12. The aforesaid civil miscellaneous petition stands allowed and disposed of.

¶33

(Sanjay Kumar Dwivedi, J.)

¶34

Amitesh/-

Dr Anand Kumar Sinha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dr Anand Kumar Sinha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dineshwar Sao Vs the State of Jharkhand

MD Jahid Qureshi Alias MD Zahid Auraishi Alias Bablu Quraishi Vs the State of Jharkhand

Raj Steels And Ferro Alloys Pvt.Ltd Vs State of Jharkhand

Laxman Prasd Vs the State of Jharkhand

Radhika Kumari Vs the State of Jharkhand

Lakhwinder Pal Singh Vs the State of Jharkhand