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2016 Supreme(Pat) 647

AJAY KUMAR TRIPATHI
Govind Prasad Srivastava, son of Late Bindeshwari Prasad – Appellant
Versus
State of Bihar through Principal Secretary, Deptt. of Health, Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioner:Mr. Arun Kumar Tiwary and Mr. Prahlad Kumar, Advocates
For the Respondent:Mr. K.K. Sinha, Advocate

JUDGMENT :

Ajay Kumar Tripathi, J.

The petitioner, who was working as a Dental Surgeon on honorarium with the State of Bihar and posted at Nawada, has filed the present writ application for a mandamus upon the respondent authorities to pay him Rs. 30,000/- as honorarium w.e.f. the date of issuance of a resolution by the State Government dated 19th July, 2011 (Annexure-6). Since respondent authorities are not willing to extend that benefit and abide by the said resolution, he decided to file the present writ application. He also urges that the right of payment of Rs. 30,000/- as honorarium stands corroborated even by Annexure-7.

2. The alternate prayer also on behalf of the petitioner is to pay him honorarium of Rs. 500/- per day w.e.f. 1.4.2007 to 6.6.2010 which, according to the petitioner, he is legally entitled to for the services rendered by him as it has not been paid till date.

3. The petitioner, who was a Dental Medical Officer, superannuated from the post from Sadar Hospital, Nawada. He was appointed as a Member of the District Consumer Redressal Forum at Nawada. Subsequently, on the basis of a resolution No. 423 dated 17.5.2006, issued by the Department of Health and Family We
















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