WRIT PETITION 3801 of 2008 on 26 July 2003

1. The State of Bihar through the Chief Secretary, Government of Bihar, OldSecretariat, Patna.

2. The Secretary, Department of Health, Medical Education and FamilyWelfare Department, Government of Bihar, Patna.Welfare Department, Government of Bihar, Patna.

3. The Director in-chief, Health Services, Government of Bihar, Patna.

4. The Civil Surgeon-cum-Chief Medical Officer, Vaishali.

5. The Incharge Medical Officer, Primary Health Centre, Vaishali.

... ... Respondent/s

======================================================Appearance :For the Petitioner/s: Mr. Niranjan Kumar, Advocate For the Respondent/s: Mrs. Deepika Sharma, AC to SC-15======================================================CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHYORAL JUDGMENT

Date : 25-09-2025

Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The petitioner has filed the instant application forthe following relief(s) :- “1. (i) For commanding the respondents toimmediately reinstate the petitioner in service asFemale Ward Attendant in Primary Health CentreVaishali after quashing the order as contained inmemo no. 1793 dated 26.7.2003 issued under thesignature of the Civil Surgeon-cum-Chief MedicalOfficer, Vaishali (respondent no. 4) as contained in Annexure-5 whereby and whereunder the services ofthe petitioner had been ordered to be terminated.

(ii) For grant of any other incidental, consequentialor other appropriate relief/reliefs to which thepetitioner may be found entitled.”

3. Shri. Niranjan Kumar, learned counsel for the petitioner has provided to the Court a certified copy of theearlier writ petition being CWJC no.8363 of 2003 filed by thepetitioner which is taken on record. Though there are sixannexures mentioned in the said writ application, the certifiedcopy provided contains page nos.1 to 13 upto Annexure-1only.

4. The prayer made by the petitioner in CWJCno.8363 of 2003 is quoted herein below for ready reference :- “1. That this is an application for issuance of anappropriate writ(s)/order(s)/direction(s) especially inthe nature of certiorari to quash the memo no. 1793dated 26.7.2003 issued by Civil Surgeon-cum-ChiefMedical Officer, Vaishali, whereby and where-underthe service of the petitioner has been terminated witheffect from the date of issuance of the said letter.

The petitioner further prays for grant ofany other relief(s) for which they are entitled thereto. Photocopy of the memo no.1793 dated26.7.2003 are annexed herewith andmarked as annexure-1 to this writpetition.”

5. Referring to the order dated 8.9.2003 passed in CWJC no.4702 of 2003, learned counsel for the petitionersubmits that CWJC no.8363 of 2003 filed by this petitionerwas one of the cases in the batch of writ applications. Thesaid batch of cases was disposed of by order dated 8.9.2003in the following terms :- “ In the result, all these writ applicationsare allowed, orders impugned are set aside and thepetitioners are directed to be reinstated. However, thepetitioners will not be entitled for theirsalary/remuneration for the period they have notactually worked.

No orders as to costs.”

6. On perusal of the prayer made in the instantapplication, it would transpire that the same is similar to thatmade by the writ petitioner in the earlier application beingCWJC no.8363 of 2003, which has already been allowed byorder dated 8.9.2003 quoted herein above.

7. In view of the above, nothing remains to bedecided in the instant application and the same is dismissed.

(Partha Sarthy, J)

Shiv/-

AFR/NAFRCAV DATEN/AUploading Date25.09.2025Transmission Date