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Patna High Court

Dr. Birendra Bahadur SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petition is disposed of, with liberty granted to the petitioners to challenge the Government's order before the appropriate forum.

Summary

The petitioners, two retired Deshi Chikitsha Padadhikari, filed a writ petition seeking direction to the State of Bihar to grant them annual increments due from 1 July 2019 and 1 July 2022, alleging that they were superannuated on 30 June 2019 and 30 June 2022 respectively. They claimed that representations filed earlier had not resulted in any order. The State contended that a decision on the representations had been taken by the Health Department’s Special Officer, and the order was annexed to the petition. The petitioners further requested that the court grant them liberty to challenge the said order before the appropriate forum. The Court, after hearing counsel, disposed of the petition but granted the petitioners liberty to contest the Government’s order in the proper forum. No substantive direction on the increment was issued.

Issues considered

  • Whether the State of Bihar is obligated to grant the annual increments claimed by the superannuated petitioners.
  • Whether the petitioners are entitled to relief by way of a writ directing the grant of increments.
  • Whether the petitioners should be granted liberty to challenge the Government’s order before a competent authority.

Subjects

  • writ petition
  • annual increment
  • superannuation
  • government order
  • liberty to appeal
  • civil writ jurisdiction
  • public service employment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.208 of 2025
                 ======================================================
           1.     Dr. Birendra Bahadur Singh son of Late Indrajeet Singh, retired Deshi
                  Chikitsha Padadhikari, Gopalganj, Bihar at present resident of Village
                  Hatwa, P.S. Gagha, District Gorakhpur (U.P.).
           2.    Dr. Dhirendra Pratap Singh, son of Late Satya Narayan Singh, retired Deshi
                 Chikitsha Padadhikari, Katihar, Bihar at present resident of Village
                 Lakhnauu, P.S. Barsar, District Gaziabad (U.P.).

                                                                             ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.
           2.    The Additional Chief Secretary, Finance Department, Govt. of Bihar, Patna.
           3.    The Secretary, Finance Department, Govt. of Bihar, Patna.
           4.    The Director Deshi Chikitsha Department of Helath, Govt. of Bihar, Patna.
           5.    The Civil Surgeon cum Chief Medical Officer, Gopalganj.
           6.    The Civil Surgeon cum Chief Medical Officer, Katihar.
           7.    The Accountant General, Bihar, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Rajani Ranjan Pd. Singh, Advocate
                 For the State          :      Mr. Standing Counsel (7)
                 For the AG             :      Ms. Ritika Rani, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   15-04-2026                   Heard learned counsel for the petitioners, learned

                   counsel for the State and learned counsel for the Accountant

                   General, Bihar, Patna.

                                 2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed seeking direction to the

                   respondent no.1 to grant the annual increment which is due to

                   the petitioners from 01.07.2019 and 01.07.2022 on the ground

                   that they were superannuated on 30.06.2019 and 30.06.2022
             Patna High Court CWJC No.208 of 2025(4) dt.15-04-2026
                                                         2/2




                       respectively from the Deshi Chikitsha Department. Counsel

                       submits that for fulfillment of the grievances, the petitioners

                       have filed representation vide Annexure-P/2 and Annexure-P/3,

                       but no order has been passed.

                                   3. Learned counsel for the State, on the other hand,

                       submits that the Government of Bihar, Health Department

                       through the Special Officer has taken decision on the

                       representations filed by the petitioners and the same has been

                       attached in this writ petition vide Annexure-R/A and Annexure-

                       R/B to the counter affidavit filed by respondent no.4.

                                   4. In this background, counsel for the petitioners

                       submit that this writ petition may be disposed off with liberty to

                       the petitioners to challenge the said order i.e. Annexure-R/A and

                       Annexure-R/B, before the appropriate forum.

                                   5. As such, this writ petition stands disposed off with

                       aforesaid liberty.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U


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