Allowed

Dr.Surendra Mohan Kumar Sinha v. the State of Bihar and Ors.

Patna HC27 Aug 2012L.P.A/806/2011

Case brief

AI extract

What is this about?

The Bench conductedıkları interim application proceeding llega condonation of 252 days delay was granted. The substantive appeal regarding medical officers' non-practising allowance was dismissed summarily as lacking substance.

What did the court decide?

The interlocutory application for condonation of delay was disposed of. The Letters Patent Appeal was dismissed.

Dr.Surendra Mohan Kumar Sinha Vs the State of… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.806 of 2011

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Civil Writ Jurisdiction Case No. 17086 of 2009

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With

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Interlocutory Application No.3581 of 2011

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Letters Patent Appeal No.806 of 2011

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======================================================

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Dr.Surendra Mohan Kumar Sinha S/o Late Ramchandra Prasad, R/o 74E, Krishnapuri, P.S.-Srikrishnapuri, Distt.-Patna

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Dr. (Smt.) Dipti Sinha W/o Dr. Surendra Mohan Kumar Sinha R/o 74-E, Krishnapuri, P.S.-Krishnapuri, Distt.-Patna

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Dr. (Mrs.) Mamta Sinha W/o Dr. Kiran Kumar Sinha, D/o Late G.N. Lahiry, R/O 404, Karnpura, Main Palace, Road No.37, Gardanibagh, Chitkohra, Patna

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Dr. Kiran Kumar Sinha S/o Late C.K. Prasad R/O 404, Karnpura, Main Palace, Road No. 37, Gardhanibagh, P.S.-Gardanibagh, Chitkohra, Patna

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Dr. Sudha Sinha W/o Late Amar Nath Singh, Medical Officer, Bodh Gaya, PHC R/o Dayal Kutir, Anuragh Narayan Road, Murarpur, P.S.Kotwali Gaya, Gaya

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Dr. Arvind Prasad S/o J.P. Karan R/o Chitragupta Nagar, New Colony, P.S.-Chitragupta Nagar, Patna

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Dr. Arbind Dayal S/o Late Brij Nath Prasad R/o Dayal Kutir, Anuragh, Narayan Road, Murarpur, P.S.-Kotwali, Gaya, Gaya

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.... .... Petitioners-Appellants

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Versus

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The State of Bihar

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The Commissioner-cum-Secretary, Health, Medical Education and Family Welfare Department, New Secretariat, Patna, Bihar

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The Special Secretary, Health, Medical Education and Family Welfare Department, New Secretariat, Patna

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The Joint Secretary, Health Education, Govt. of Bihar, New Secretariat, Patna

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The Deputy Secretary, Department of Health, Govt. of Bihar, New

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Patna High Court LPA No.806 of 2011 (5) dt.27-08-2012

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2 / 3

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Secretariat, Patna

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The Commissioner/Secretary, Finance Department, New Secretariat, Patna

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Dr. S.N. Mehta S/o not known to the petitioner Retired Associate Professor of ENT, R/o Shahmir Takiya Near Kila Bazar, P.S.-Civil Lines, Distt.-Gaya .... .... Respondents-Respondents ====================================================== Appearance :

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For the Appellants : Mr. Sunil Kumar, Advocate

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For the Respondents : Mr. Manoj Priaydarshi, SC-17

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Mr. Ajay Kumar Singh, A.C. to S.C.-17

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======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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5. 27-08-2012 Interlocutory Application No.3581 of 2011:

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The delay of 252 days occurred in filing the Letters Patent Appeal is condoned.

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Interlocutory Application stands disposed of. Letters Patent Appeal No.806 of 2011:

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Feeling aggrieved by the judgment and order dated 2^nd April 2010 passed by the learned single Judge in C.W.J.C. No. 17086 of 2009, the writ petitioners have preferred this Appeal under Clause 10 of the Letters Patent.

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The appellants are the Medical Officers in the State service. Earlier, under Government Notification dated 26^th May 1998, the Medical Officers in the State service were debarred from pursuing their own private practice and in lieu thereof they were allowed a non-practising allowance equivalent to 25% of

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Patna High Court LPA No.806 of 2011 (5) dt.27-08-2012

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3 / 3

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the basic pay. The Additional Finance Commissioner (Resources) under his communication dated 20^th March 2001 informed the State Government that although these Doctors received nonpractising allowance, they continued their private practice. The State Government had, by that time, paid Rs.45 crores to the Medical Officers as non-practising allowance; nevertheless, they had continued their practice. Therefore, the sanction to the nonpractising allowance granted on 28^th March 2000 was withdrawn with effect from 1^st March 2001. The said decision was challenged in C.W.J.C. No. 11401 of 2005. That came to be disposed of on 2^nd August 2006, relegating the writ petitioners to the State Government by way of representation. Since then under Government Order dated 31^st August 2009, the claim for nonpractising allowance was rejected. The challenge to the said order in above C.W.J.C. No. 17086 of 2009 has failed before the learned single Judge. Therefore, this Appeal.

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We see no substance in this Appeal. Appeal is dismissed in limine.

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(R.M. Doshit, CJ)

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(Ahsanuddin Amanullah, J)

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Pawan/-

Dr.Surendra Mohan Kumar Sinha v. the State of Bihar and Ors.

Case brief

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Dr.Surendra Mohan Kumar Sinha v. the State of Bihar and Ors.

Case brief

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