IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5640 of 2004 Dr. Hemant Kumar, S/o Late Shiveshwar Prasad aged 44 years R/o West Patel Nagar, Nandni Path, P.S. Shastri Nagar, Patna. ------- Petitioner Versus 1. The State of Bihar through the Secretary cum Commissioner, Ministry of Health, Medical Education and Family Welfare, Patna. 2. Deputy Secretary, Ministry of Health, Medical Education and Family Welfare, Patna. -------- Respondents ----------- 4 15.11.2010 In view of the fact that the claim of the petitioner in this writ application against the impugned order dated 22.3.2004 (Annexure-1) has not been disputed by the respondents in their counter affidavit by taking a plea that no final decision has been taken as yet, this Court, keeping in view with the following stand taking in the aforementioned counter affidavit:- “15. That it is further submitted that several representations have been received from the Residents /Registrars who have not been retained in the Medical Education cadre addressed to the Secretary, Health (M.E. & ISM) as well as Chief Secretary, Government of Bihar. The department is presently examining their claims in the light of the facts stated in the above paragraphs and a decision in this regard is expected shortly. 16. That in the facts and circumstances 2 detailed herein above the department prayed before this Hon’ble Court to grant further three weeks time to formulate its final stand with regard to the issue involved in this writ application.” as also taking into account that such a stand was taken on 8.3.2006 at the time of swearing of the said counter affidavit, would direct the respondents to take a final decision as with regard to the grievance of the petitioner, if not already taken by now, within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)