WRIT PETITION 428 of 2013 on 27 September 2011

1. Dr. Ram Prakash Verma, Son of Late Uma Shankar Verma, at present posted as Ayurvedic Medical Officer, State of Ayurvedic Dispensary, Domchanch, P.O. & P.S. Domchanch, District-Koderma

2. Dr. Parmahans Prasad, son of late Chandeshwar Prasad, resident of village Bathani, P.O. Bathani, P.S. Nichak Bathani, District-Gaya at present posted as Ayurvedic Medical Officer, State Ayurvedic Dispensary, Sisai, P.O. & P.S. Sissai, District-Gumla

3. Dr. Nirmal Kumar Singh (I), son of Dr. Ramansan Singh, resident of village+ P.O. Koram Sarai, District-Buxar, at present posted as Ayurvedic Medical Officer, State Ayurvedic Dispensary, Hunterganj, P.O. & P.S. Hunterganj, District-Chatra

4. Dr. Nirmal Kumar Singh(II), son of Sri Rajiv Ranjan Singh, resident of village and P.O Mohania (Bari Bazare Road), P.S. Mohania, District-Kaimur, at present posted as Ayurvedic Medical Officer, State Ayurvedic Dispensary, Shikaripara, P.O. & P.S. Shikaripara, District-Dumka

5. Dr. Prem Chand Das, Son of late Banwari Das, resident of village Tehta Total Piregunj, P.O. and P.S. Tehta District-Jehanabad, at present posted as Ayurvedic Medical Officer, State Ayurvedic Dispensary, Goilera, P.O. & P.S. Goilkera, and District West Singhbhum

6. Dr. Makarand Kumar Mishra, son of late Daroga Mishra, resident of Hanuman Nagar, Maranpur, Gaya, P.O. & P.S. & District Gaya, at present posted as Ayurvedic Medical Officer, District-Joint Dispensary, Dumka, P.O. & P.S. & District-Dumka

7. Dr. Wakil Kumar Singh, son of Sri Narsingh Singh, resident of village and P.O. Pkwalia, P.S. Daraunda, District-Siwarn, at present posted as Ayurvedic Medical Officer, District Joint Dispensary, Godda, P.O. P.S. & District-Godda

8. Dr. Shyamlal Ram, son of late Bhulai Ram, resident of village and P.O. Deokhaira, P.S. Kochas, District-Rohtas, at present posted as Ayurvedic Medical Officer, State Ayurvedic Dispensary, Simaria, P.O. & P.S. Simaria, District-Chatra

9. Dr. Poonam Kumari, D/o Dr. Umesh Chandra Pathaak, resident of Barauni-2, P.O. Barauni, P.S. Teghara, District Begusarai, at present posted as Ayurvedic Medical Officer, District Joint Hospital, Jamtara, P.O. & P.S. & District- Jamtara

10. Dr. Umesh Chandra Bhaskar, son of Sri Besant Prasad, resident of village Jalehbigha, P.O. Hati, District Jehanabad at present posted as Ayurvedic Medical Officer, State Ayurvedic Dispensary, Latehar, P.O. P.S. & District-latehar.

11. Dr. Prem Chand Son of Sri Jokhu Sahni, resident of village Lalbegia, P.O. Mishroulia, P.S. Chiraiya, District East Champaran, at present posted as Ayurvedic Medical Officer, State Ayurvedic Dispensary, Chainpur, P.O. & P.S. Chainpur, District-Jamtara

.... .…Appellants

Versus

1. The State of Jharkhand through Chief Secretary, Govt. of Jharkhand, Ranchi, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi

2. The Finance Secretary, Govt. of Jharkhand, Ranchi, P.O. Dhurwa, P.S. Jagarnathpur, District-Ranchi

3. The Principal Secretary, Health & Family Welfare, Govt. of Jharkhand, Ranchi, Nepal House, P.O. Doranda, P.S. Doranda, District-Ranchi

4. Deputy Secretary, Department of Health and Family Welfare, Govt. of Jharkhand, Ranchi, Nepal House, P.O. & P.S. Doranda, District-Ranchi.... .…Respondents

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CORAM: HON'BLE MR.JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON'BLE MR.JUSTICE APARESH KUMAR SINGH

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For the Appellants: Mr. Anil Kumar Sinha, Sr. AdvocateFor the Respondents: Mrs. Shivani Verma, J.C. to AG

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11/ Dated: 03rd March, 2015Per Virender Singh, C.J.(Oral):

The writ petition filed by the appellants-writ

petitioners has been dismissed by the learned Single Judge primarily on the ground that since the order dated 27.09.2011 passed by Fitment Appeal Committee rejecting the claim of the petitioners seeking parity with Allopathic Medical Officers has not been challenged by the petitioners, they could not get any relief as asked for in the writ petition.

Mr. Sinha, learned Senior Counsel, fairly admitting that no challenge was thrown to the aforesaid order of Fitment Appeal Committee, prays that the petitioners may be given liberty to throw challenge to the order dated 27.09.2011 passed by Fitment Appeal Committee with a further prayer that whatever is observed by the learned Writ Court in the impugned order with regard to relief (iv) as spelt out in the writ petition, may not stand in the way of the petitioners as that aspect is co-related with the decision to be taken by the Court upon challenge to the aforesaid order dated 27.09.2011.

We dispose of the instant appeal giving liberty to the petitioners to throw challenge to the order dated 27.09.2011 passed by Fitment Appeal Committee rejecting the claim of the petitioners seeking parity with Allopathic Medical Officers providing further that whatever is observed by the learned Writ Court in operative part of the impugned judgment with regard to relief-IV as asked for in the writ petition, shall not stand in the way of the petitioners.

Disposed of.

(Virender Singh, C.J.)

Birendra/Amardeep

(Aparesh Kumar Singh, J.)