Disposed

Navin Kumar v. The State of Bihar

Patna HC4 Mar 2021CWJC/7083/2020

Case brief

AI extract

What is this about?

Three writ petitions challenging the non-grant of age relaxation for appointment on specific health posts were disposed of as grievances were redressed by a one-time relaxation order of 15 years granted by the Director-in-chief post-mandamus hearing.

What did the court decide?

Petitions disposed of as the respondent authority granted one-time age relaxation of 15 years for the reserved posts.

Navin Kumar Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7083 of 2020

¶2

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

¶3

Navin Kumar Son of Shri Jatashankar Yadav, resident of Ward NO. 3, Sihma, P.S.-Bithan, District-Samastipur, Pin Code-848207.

¶4

Amit KUmar Singh Son of Shri Arvind Kumar Singh, Resident of Chhatwara Kapur Khash Patti, Chhitwara Kapur, P.S.-Mahua, DistrictVaishali, Pin Code-844122

¶5

Ratan Kumar, Son of Shri Surendra Prasad Resident of House No. 68, Ward No. 49, Near Panchmukhi Shiv Mandir, Ram Sahay Lane, Mahendru, P.S.Sultanganj, District-Patna, Pin Code-800006

¶6

Dewbrat, Son of Shri Paras Nath Prasad Resident of Bela Baiju, East Champaran, District-East Champaran, Pin Code-845457

¶7

... ... Petitioner/s

¶8

Versus

¶9

The State of Bihar through the Principal Secretary, General Administration Department, Bihar, Patna.

¶10

Principal Secretary, Health Department, Bihar, Patna.

¶11

Special Secretary, Health Department, Bihar, Patna.

¶12

Bihar Technical Service Commission, Patna through its Chairman

¶13

Secretary, BIhar Technical Service Commission, Patna.

¶14

Deputy Secretary, Bihar Technical Service Commission, Patna.

¶15

... ... Respondent/s

¶16

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

¶17

with Civil Writ Jurisdiction Case No. 7091 of 2020 ======================================================

¶18

Anish Kumar S/o Sri Siddheshwar Prasad R/o Gaurav Nagar, Ward no.-3, P.S.-Islampur, District-Nalanda.

¶19

Niraj Kumar S/o Sri Om Prakash Shandilya, R/o Muriya Bigha, P.S.-Ghoshi, District-Jehanabad.

¶20

Vandana Kumari W/o Sri Ajay Kumar Singh R/o Bagh Dulhan, P.S.-Town Thana, District Vaishali.

¶21

Subodh Kumar Diwakar, S/o Late Bindeshwar Ram R/o Chanakya Vihar Colony, Parsa Bazar, P.S.-Parsa Bazar, District-Patna.

¶22

... ... Petitioner/s

¶23

Versus

¶24

The State of Bihar through the Principal Secretary, General Administration Department Bihar Patna.

¶25

The Principal Secretary, Department of Health, Bihar, Patna.

¶26

The Secretary, Department of Health, Bihar, Patna.

¶27

The Director-in-Chief, Department of Health, Bihar, Patna.

¶28

Patna High Court CWJC No.7083 of 2020(6) dt.04-03-2021 2/5

¶29

Bihar Technical Service Commission, Patna through its Chairman,19 Harding Road, Patna.

¶30

The Secretary, Bihar Technical Service Commission, Patna.

¶31

The Deputy Secretary, Bihar Technical Service Commission, Patna.

¶32

... ... Respondent/s

¶33

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

¶34

with Civil Writ Jurisdiction Case No. 7530 of 2020 ======================================================

¶35

Sanjay Kumar S/O Sri Ramji Prasad, R/o Vill.- Khanapur, P.S. Telhara, District- Nalanda.

¶36

Raj Kapoor Singh, S/O Sri Asheswar Singh, R/O Vill.- Uphraul, P.S.Uphraul, District- Vaishali.

¶37

Nilay Kumar, S/o Sri Sahjanand Singh, R/o Ward No. - 9, Sarsi, P.S.- Sarsi, District- Purnia.

¶38

Ganesh Kumar, S/O Ram Swarup Paswan, R/O 13 New Coloney, Saharsa Ward No. 8, P.S. Saharsa, District- Saharsa.

¶39

Abhash Sinha, S/O Bipin Bihari Sinha, R/O A- 203, Rajkishori Complex, Mulchand Path, P.S. Kankarbagh, Dist.- Patna.

¶40

Kumari Ila, D/o Rewat Lal Yadav, R/O Near South Electric Tower, Rambag Ward no. - 30, P.S. Purnia, Dist.- Purnia.

¶41

Dilip Kumar, S/o Ramdeo Prasad, R/O K- 519, Hanuman Nagar, P.S. Kankarbagh, Dist.- Patna.

¶42

Bisheshwar Kumar, S/O Basudev Bhagat, R/O Vill. Lilari, Sasaram Meari Bazar, P.S. Rohtas, Dist. Rohtas.

¶43

Mrityunjay Kumar, S/O Rajnandan Sharma, R/O 801/A/1, Road No. 2, Janki Nagar, Hanuman Nagar, P.S. Kankarbagh, Dist.- Patna.

¶44

Rohit Kumar, S/o Rajendra Prasad, R/o Bhikhachak Mai Asthan, P.S. Phulwari, Dist. Patna.

¶45

Amaresh Maharshi, S/O Upendra Sharma, R/O Vill. Agrwa, Near Sarvodaya School, P.S. Motihari, Dist. E. Champaran.

¶46

Md. Gufranullah, S/O Md. Kalimuzzaman, R/o Ward No. 14, Chak Nuruddin, P.S. Samastipur, Dist.- Samastipur.

¶47

Avniash Kumar, S/O Indradeo Sharma, R/O Ward No. - 20, Near Prathmik Vidyalaya, Matihani, P.S. Matihani, Dist. Begusarai.

¶48

Navin Kumar, S/O Lakshmi Narayan Prasad, R/O Janakpur Road, Pupri, P.S. Pupri, Dist. Sitamarhi.

¶49

Santosh Kumar Jha, S/O Ragav Jha, R/O 354-228, Telhra, P.S. Telhara Kala, Dist. East Champaran.

¶50

Chandra Shekhar Kumar, S/O Kamala Mahto, R/O Moti Matri Sewa Sadan, Shwami Vivekanand Path, P.S. Jagdishpur, Dist. Bhagalpur.

¶51

... ... Petitioner/s

¶52

Versus

¶53

Patna High Court CWJC No.7083 of 2020(6) dt.04-03-2021 3/5

¶54

The State of Bihar Bihar.

¶55

The Principal Secretary, Department of Health, Bihar, Patna.

¶56

The Secretary, Department of Health, Bihar, Patna.

¶57

The Director-in-Chief, Department of Health, Bihar, Patna.

¶58

Bihar Technical Service Commission, Patna through its Chairman, 19 Harding Road, Patna.

¶59

The Secretary, Bihar Technical Service Commission, Patna.

¶60

The Deputy Secretary, Bihar Technical Service Commission, Patna.

¶61

... ... Respondent/s

¶62

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

¶63

Appearance : (In Civil Writ Jurisdiction Case No. 7083 of 2020) For the Petitioner/s : Mr.Abhinav Srivastava, Adv. For the State : Mr. S.D. Yadav. AAG-9 Mr. Prem Ranjan Kumar, AC to AAG-9 Ms. Kalpana, AC to GA-8 For Bihar Technical Service Commission: Mr. Nikesh Kumar, Adv. Mr. Praveen Kumar, Adv. (In Civil Writ Jurisdiction Case No. 7091 of 2020) For the Petitioner/s : Mr. Amit Shrivastava, Adv. Mr.Rakesh Kumar, Adv. For the State : Mr. Ajay Behari Sinha, AC to GA-8 Mr. Neeraj Raj, AC to GA-8 Ms. Kalpana, AC to GA-8 For Bihar Technical Service Commission: Mr. Nikesh Kumar, Adv. Mr. Praveen Kumar, Adv. (In Civil Writ Jurisdiction Case No. 7530 of 2020) For the Petitioner/s : Mr. Amit Shrivastava, Adv. Mr.Rakesh Kumar, Adv. For the State : Ms. Kalpana, AC to GA-8 For Bihar Technical Service Commission: Mr. Nikesh Kumar, Adv.

¶64

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

¶65

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

¶66

6 04-03-2021

¶67

Since, the aforesaid three writ petitions arise out of

¶68

the same advertisements, they have been heard together with the consent of the parties and are being disposed of by the present

¶69

common order.

¶70

The aforesaid writ petitions have been filed for issuing directions to the respondent- authorities of the Health Department, Government of Bihar as well as the Bihar

¶71

Patna High Court CWJC No.7083 of 2020(6) dt.04-03-2021 4/5

¶72

Technical Service Commission, Patna to extend the benefits of age relaxation as far as the upper age limit is concerned, to the petitioners for the purposes of consideration of their cases for appointment on the posts of occupational Therapists and Physiotherapists pursuant to advertisements No. 01/ 2020 and 02/2020 dated 12.03.2020.

¶73

At this stage, the learned AAG-9, appearing for the respondent State, Shri S.D. Yadav, has produced a letter dated 27.02.2021, issued by the Director-in-chief, Disease Control, Public Health and Para Medical, Health Services, Bihar, Patna whereby and where-under, by way of one time measure, relaxation of 15 years has been granted in the upper age limit for the purposes of making appointment on the post of Occupational Therapists and Physiotherapists, in pursuance to Advertisements No. 01/2020 and 02/2020.

¶74

At this juncture, the learned counsel for the Bihar Technical Service Commission, Shri Nikesh Kumar, submits that the petitioners would be given an opportunity to submit their applications On-line, so that they can be considered for appointment on the post of Occupational Therapists and Physiotherapists in pursuance to the advertisements no. 01/2020 and 02/2020.

¶75

Patna High Court CWJC No.7083 of 2020(6) dt.04-03-2021

¶76

5/5

¶77

The learned counsels for the petitioners submit that since the grievances of the petitioners have been redressed, they do not wish to press the aforementioned writ petitions.

¶78

Accordingly, the aforesaid three writ petitions stand disposed of in terms of the decision taken by the Director-inchief, Disease Control, Public Health and Para Medical, Health Services, Bihar, Patna dated 27.02.2021, granting upper age relaxation of 15 years for appointment on the posts of Occupational Therapists and Physiotherapists.

¶79

The letters dated 27.02.2021 and 02.03.2021, as produced by Shri S.D.Yadav, AAG-9, be kept on record.

¶80

(Mohit Kumar Shah, J)

¶81

Tiwary/-

¶82

Navin Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Navin Kumar v. The State of Bihar

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

Dr. Rajan Raj @ Dr. Rajan Vs the State of Bihar

Santosh Prasad @ Sri Santosh Prasad Vs the State of Bihar

Ram Naresh Choudhary Vs The State of Bihar

Bhola Ram Vs The Chairman, Dakshin Bihar Gramin Bank

Gouri Kumari Vs The State of Bihar

Md. Minhaj Vs the State of Bihar