Allowed

Dr. Syed Quaisar Hussain @ Syed Quaisar Hussain v. The State of Bihar

Patna HC20 Jul 2023CWJC/1544/2023

Case brief

AI extract

What is this about?

In a writ petition concerning employment disputes, the Patna High Court allowed the petition and directed the Civil Surgeon-cum- Chief Medical Officer to consider the petitioner for posting as In-Charge Medical Officer after resolving the matter within eight weeks.

What did the court decide?

The writ petition was allowed. The Court directed the Civil Surgeon-cum- Chief Medical Officer, Arwal, to pass appropriate orders within eight weeks.

Dr. Syed Quaisar Hussain @ Syed Quaisar… — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1544 of 2023

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Dr. Syed Quaisar Hussain @ Syed Quaisar Hussain Son of Late Syed Azhar Hussain, Resident of Khan Bahadur Road, Pathak Toli, Jehanabad, P.S. Jehanabad, District Jehanabad, presently posted as Medical Officer, Primary (Community) Health Centre, Karpi Arwa, District- Arwal (Bihar).

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Chief Secretary, Government of Bihar, Patna.

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The Principal Secretary, Health Department, Bihar, Patna.

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The District Magistrate, Arwal.

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The Deputy Secretary, Health Department, Bihar, Patna.

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The Regional Deputy Director, Health Service, Magadh Division, Gaya.

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The Civil Surgeon cum Chief Medical Officer, Arwal.

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Dr. Shashikant Kumar, Son of not known to the petitioner, the In- Charge Medical Officer, Primary (Community) Health Centre, Karpi, Arwal, District- Arwal.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Prafull Chandra Jha, Adv. For the State : Mr.Birju Prasad, GP-13 with Mr. Ajit Anand AC to GP-13. ======================================================

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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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4 20-07-2023

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The instant application has been filed for quashing the order contained in Memo No. 17, Arwal dated 06.01.2023, issued under the Signature of the Civil Surgeon-cum Chief Medical Officer, Arwal (Respondent no.7) whereby the previous order of posting of the petitioner dated 10-12-2022 (Annexure-7) as In-Charge Medical Officer-cum Drawing

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Patna High Court CWJC No.1544 of 2023(4) dt.20-07-2023 2/3

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Disbursing Office of Primary (Community Health Centre, Karpi, Arwal, has been cancelled.

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The grievance of the petitioner is with respect to posting of one doctor (Respondent No.8) as In-Charge Medical Officer-cum-Drawing and Disbursing Officer for the Primary (Community) Health Centre, Karpi, Arwal. He submits that overlooking his seniority another doctor (Respondent No.8) has been posted.

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The learned State Counsel submits that earlier a notification had been issued for posting the petitioner as InCharge Medical Officer-cum-Drawing and Disbursing Officer for the Primary (Community) Health Centre, Karpi, Arwal, which he declined.

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Learned counsel for the petitioner submits that at that point of time, there was some medical issue and considering the bona fide situation, he he has refused to accept the responsibility of an In-Charge. The issue now is different as he is not suffering with any such disability on account of any medical condition and, therefore, the authorities should consider him for being posted as In-Charge Medical Officer-cumDrawing and Disbursing Officer for the Primary (Community) Health Centre, Karpi, Arwal. The claim of the petitioner is

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Patna High Court CWJC No.1544 of 2023(4) dt.20-07-2023 3/3

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founded on a communication dated 21/12/2021 (Annexure-1) issued by the Deputy Secretary, Health Department, Bihar, Patna (Respondent No.5) bearing Memo No. 1091(3).

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Having regard to the totality of the circumstances, the learned State counsel submits that if there is no such impediment from the petitioner’s side, his claim can be considered after due opportunity to Respondent No.8, in accordance with law.

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In such view of the matter, this Court directs the Civil Surgeon-cum- Chief Medical Officer, Arwal (respondent No. 7) to pass appropriate orders in accordance with law, in this regard within a period of eight weeks from the date of receipt / production of a copy of this order.

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The writ petition is allowed.

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(Madhuresh Prasad, J)

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shyambihari/-

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Dr. Syed Quaisar Hussain @ Syed Quaisar Hussain v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dr. Syed Quaisar Hussain @ Syed Quaisar Hussain v. The State of Bihar

Case brief

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What did the court decide?

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