Patna High Court
Lal Kishun Paswan vs The State Of Bihar on 18 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9641 of 2021
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Lal Kishun Paswan Son of Late Pairu Paswan Resident of Village Bali, P.S.-
Gaurichak and District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar.
2. The District Magistrate Patna.
3. The Senior Superintendent of Police Patna.
4. The Rural Superintendent of Police Patna.
5. The Station House Officer Fatuha Police Station, Patna.
6. The Sub- Divisional Officer Patna.
7. The Circle Officer Fatuha, District Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Najmul Hodda
For the Respondent/s : Mr. Lalit Kishore (AG)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 18-02-2022
The matter has been heard via video conferencing
due to circumstances prevailing on account of the COVID-19
pandemic.
Learned counsel for the State accepts notice for
respondents.
Learned counsel for the petitioner is hereby
directed to serve copy of the petition to learned counsel for the
State, if it is not already served.
In the instant petition, petitioner has prayed for the
Patna High Court CWJC No.9641 of 2021 dt.18-02-2022
following relief/reliefs:
(i) For issuance of an
appropriate writ(s), order(s) and/or
direction(s) in the nature of writ of
mandamus directing the respondents
authorities to pay arrear of
salary/back wages for 5 months 4
days for the period 08.04.1996 to
25.07.1996 and 17.04.2013 to
04.06.2013 to the petitioner, which
has not been paid by the respondent
authorities even after his retirement
and they are sitting tight over the
matter.
(ii) To grant such other
consequential relief or reliefs to the
petitioner, which this Hon'ble Court
may find the petitioner to be entitled
to in the facts and circumstance of the
case.
Learned counsel for the petitioner submitted that
retiral benefits of the petitioner has been settled. There is a
Patna High Court CWJC No.9641 of 2021 dt.18-02-2022
dispute in respect of not counting service for the period like
from 08.04.1996 to 25.07.1996 and 17.04.2013 to 04.06.2013.
The aforesaid period has not been taken into consideration for
the purpose of extending service benefits like increments,
monetary benefits like re-fixation of pay and pension on the
score that petitioner was facing a criminal proceeding and it was
concluded in acquittal on 01.05.2019 in Criminal Appeal No.
488 of 2013 (D.B.). In the result, the petitioner is stated to have
submitted representation vide Annexure-3.
In the light of these facts and circumstances, the
petitioner is hereby directed to submit one more representation
while enclosing acquittal order so as to enable the concerned
respondent to examine the service particulars of the petitioner to
the extent that he has not been extended service benefits for the
period from 08.04.1996 to 25.07.1996 and 17.04.2013 to
04.06.2013. If the petitioner is otherwise eligible, a detailed
order shall be passed in gratuity increments that are due, re-
fixation of pay and pension and disbursement of arrears of
amount. If the petitioner is not entitled with reference to any
provision of law despite the fact that petitioner has been
acquitted in a criminal case, in that event, a necessary speaking
order shall be passed and communicated to the petitioner. On
Patna High Court CWJC No.9641 of 2021 dt.18-02-2022
receipt of petitioner's additional representation, the concerned
respondent is hereby directed to undertake the aforesaid exercise
within a period of three months from the date of receipt of the
petitioner's additional representation to be submitted.
With the above observation, writ petition stands
disposed of.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 23.02.2022
Transmission Date NA
