Patna High Court
Smt. Priyanka And Ors vs The State Of Bihar And Ors on 29 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.709 of 2018
In
Civil Writ Jurisdiction Case No.2518 of 2015
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1. Smt. Priyanka daughter of late Prem Kumar resident of Mohalla Brahman
Toli, Purani Bazar, Police Station Town, District - Muzaffarpur.
2. Hrithik Roy @ Hrithik Raj son of late Prem Kumar resident of Mohalla
Brahman Toli, Purani Bazar, Police Station Town, District - Muzaffarpur.
3. Mohini Kumari daughter of late Prem Kumar resident of Mohalla Brahman
Toli, Purani Bazar, Police Station Town, District - Muzaffarpur.
4. Megha Kumari daughter of late Prem Kumar resident of Mohalla Brahman
Toli, Purani Bazar, Police Station Town, District - Muzaffarpur.
... Petitioners ... Appellant/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Department of Revenue and Land Reforms,
Government of Bihar, Old Secretariat, Patna
3. Divisional Commissioner, Muzaffarpur.
4. The Collector-cum-District Magistrate, Muzaffarpur.
5. The Assistant Collector, Muzaffarpur.
6. The Establishment Deputy Collector, Muzaffarpur.
7. The Circle Officer, Musahari Anchal, District - Muzaffarpur.
... Respondents ... Respondent/s
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Appearance :
For the Appellant/s : Mrs. Mahasweta Chatterjee, Advocate
For the Respondent/s : Mr. Majid Mahboob Khan, A.C. to AAG 12
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 29-01-2021
Heard learned counsel for the appellant and learned
Patna High Court L.P.A No.709 of 2018 dt.29-01-2021
counsel for the State.
This LPA under Clause 10 of Letters Patent Appeal
has been preferred for partly setting aside the judgment and
order dated 20.04.2018 passed in C.W.J.C. No. 2518 of 2015
passed by a learned Single Judge of this Hon'ble Court by
which direction has been issued to treat deceased employee to
be in service till 8.12.2014, i.e., the date of order passed by the
appellate authority.
Briefly stated the facts of the case is that deceased
employee was appointed as Revenue Karmachari in the year
1993 and while in service was put under suspension by order
dated 10.01.2012 passed by the Collector in anticipation of
departmental proceeding. Subsequently, charges were framed
and department proceeding was initiated and by order dated
30.06.2014 passed by the District Magistrate, he was removed
from service.
Aggrieved by order dated 30.06.2014 of removal from
service, deceased employee preferred an appeal before the
Divisional Commissioner, Muzaffarpur, and he modified the
order of punishment from removal of service to that of
compulsory retirement.
Petitioner preferred writ petition being CWJC No.2518
Patna High Court L.P.A No.709 of 2018 dt.29-01-2021
of 2015 against the order passed by the disciplinary authority as
well as appellant authority. However, it appears that during
pendency of writ petition, original petitioner died and he was
substituted by his legal heirs, who are the appellants.
After hearing the parties, the writ petition was allowed
and both the orders passed by disciplinary authority as well as
appellate authority were set aside. However, learned Single
Judge found that legal heirs of deceased employee would be
entitled to all consequential benefits treating their deceased
father to be in service till 08.12.2014, i.e. the date of order
passed by the appellate authority.
It is submitted on behalf of counsel for the appellants
that once learned Single Judge has set aside both the orders of
disciplinary authority as well as appellate authority, the
deceased employee ought to have been treated to be in service
till date of his death on 27.10.2016 before attaining the age of
superannuation.
After hearing learned counsel for the appellants as
well as learned counsel for the State, the order passed by the
Single Judge is modified to the extent that legal heirs of
deceased employee would be entitled to all consequential
benefits treating their deceased father to be notionally in service
Patna High Court L.P.A No.709 of 2018 dt.29-01-2021
from the date of removal from service, i.e., 30.06.2014 till his
date of death on 27.10.2016 and pre and post retiral dues to be
calculated accordingly.
The LPA is disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.01.2021
Transmission Date NA
