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Haldhar Prasad Chaudhary v. The State Of Bihar and Ors.

Patna HC14 May 2014CWJC/7814/2014

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What is this about?

Court held that a petitioner under suspension is entitled to subsistence allowance if he remains in the designated headquarters. Directed the Director to examine payment and act within 15 days, considering presence or absence.

What did the court decide?

Directing the Director to examine payment of subsistence allowance within 15 days based on petitioner's presence in headquarters.

Haldhar Prasad Chaudhary Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7814 of 2014

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====================================================== Haldhar Prasad Chaudhary son of Sri Bahadur Chaudhary resident of village- Ranha, P.S- Karon, District- Deoghar ( Jharkhand) Presently residing in the House of Shri Jai Prakash Singh, Mohalla- Chandrabansi Nagar, East Bhikhachak, P.O- Anishabad, P.S- Gardanibagh, District Patna2 ( Bihar) .... .... Petitioner Versus 1. The State of Bihar 2. The Director- in- chief, Health Service, Government of Bihar, New Secretariat, Vikash Bhawan, Patna. 3. The Secretary, Health Services, Government of Bihar, New Secretariat, Vikash Bhawan, Patna. 4. The Director, Tuberculosis Demonstration and Training Centre, Department of Health, Government of Bihar, Agam Kuan, Patna- 7 5. The Enquiry Officer, Dr. Ajay Kumar Singh, Chie Medical Officer, Tuberculosis Demonstration and Training Centre, Agam Kuna, Patna. 6. The Presenting Officer, Dr. Ashok Kumar Sinha, Acting District Tuberculosis Officer, District Tuberculosis Centre, Agam Kuna, Patna. .... .... Respondents

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====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Mishra For the Respondent/s : Mr. M.K.Singh, SC6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 14-05-2014 Heard learned counsel for the parties.

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Though in this writ application the petitioner has assailed the order of suspension dated 20.2.2014 but he has ultimately confined his submission to the grievance of non-payment of subsistence allowance.

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In the considered opinion of this Court moment the petitioner has been placed under suspension he will be entitled for payment of subsistence allowance subject to his remaining present in the Headquarters as prescribed in Bihar Classification Control

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Patna High Court CWJC No.7814 of 2014 (2) dt.14-05-2014

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and Appeal Rules.

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In that view of the matter, this Court would direct the Director of Tuberculosis and Training Centre, Agamkuan to examine the aspect relating to payment of subsistence allowance and if the petitioner has remained present in the Headquarters fixed under the order of suspension, the same must be paid to him forthwith and in any event within 15 days of the receipt of this order. On the other hand, if the Director finds that the petitioner has remained absent during the period of suspension, he will communicate the petitioner reason for non-payment of subsistence allowance but that again has to be done within the same period of 15 days.

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With the aforementioned observation and direction, this application is disposed of.

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(Mihir Kumar Jha, J)

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surendra/-

Haldhar Prasad Chaudhary v. The State Of Bihar and Ors.

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Haldhar Prasad Chaudhary v. The State Of Bihar and Ors.

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