Om Prakash Sinha vs The State Of Bihar
2023 Latest Caselaw 3530 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.12099 of 2022
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Om Prakash Sinha Son of Late Kamleshwari Prasad, resident of Ward No. 9, Mathurapur, P.O.- Mathurapur, Police Station- Warisnagar, District - Samastipur.

... ... Petitioner/s Versus

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

2. The Principal Secretary, Agriculture Department, Government of Bihar, Patna.

3. The Director, Agriculture Department, Bihar, Patna.

4. The District Collector, Samastipur.

5. The Sub-Divisional Officer-cum-Special Officer, Dalsingh Sarai, Samastipur.

6. The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :       Mr. Ranjit Kumar Yadav, Advocate
     For the Respondent/s   :       Mr. Subodh Kumar Mishra, AC to GP-14
     For the A.G.           :       Dr. Anand, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 07-08-2023 Heard Mr. Ranjit Kumar Yadav, learned counsel

appearing on behalf of the petitioner, Mr. Subodh Kumar

Mishra, learned AC to learned GP-14 appearing on behalf of the

State and Dr. Anand, learned counsel for the Accountant

General, Bihar.

2. Learned counsel appearing on behalf of the

petitioner submitted that the petitioner was appointed in Bihar

Rajya Krishi Vipnan Parishad and he had served from

09.04.1979 till 01.09.2008. The said organization was dissolved Patna High Court CWJC No.12099 of 2022 dt.07-08-2023

and service of the petitioner was taken into regular

establishment on the post of Gardener (Mali) in the District

Horticulture Office, Begusarai, Samastipur. The petitioner had

retired in February, 2016. The petitioner is entitled for

pensionary benefits as well as pension in accordance with the

Bihar Pension Rules, 1950.

3. Mr. Subodh Kumar Mishra, learned counsel for the

respondent- State raises preliminary objection with respect to

the maintainability of the present writ petition on account of

delay and laches taking into consideration the admitted fact that

the petitioner had retired in the year 2016 and has approached

this Court after much delay in the year 2022. On these grounds

he submitted that the present writ petition is fit to be dismissed.

4. Dr. Anand, learned counsel for the Accountant General,

Bihar submitted that in absence of the service book and

departmental sanction by the Competent Authority/ Controlling

Officer of the petitioner, pension of the petitioner could not be

fixed till date.

5. Having heard the rival submission of the parties as well

as the fact which is culled out from the writ petition as well as

the counter affidavit filed on behalf of the respondents no. 4 and

5 it appears that the petitioner was posted as gardener (Mali) in Patna High Court CWJC No.12099 of 2022 dt.07-08-2023

Bihar Rajya Krishi Vipnan Parishad and, thereafter, after its

dissolution in the years 2008, he was taken into the government

establishment and was posted as gardener (Mali) in the District

Horticulture Office, Begusarai, Samastipur.

6. From perusal of statement made in paragraph no. 4 of

the counter affidavit it appears that the petitioner has been

denied benefit of 3rd A.C.P. and Gratuity due to non-availability

of service book of the petitioner. It is also admitted that the

Bihar State Agriculture Marketing Board had issued last pay

certificate of the petitioner to the Special Officer A.P.M.C (DIS)

Dalsinghsarai up to 01.09.2008 and 'No dues certificate' was

also issued.

7. The denial for not giving benefit of A.C.P. to the

petitioner is only because the district office has no records

relating to the petitioner in spite of the admitted fact that they

have not denied that the petitioner was not taken into regular

establishment and has also retired in the year 2016.

8. The Director, Agriculture Department, Bihar, Patna, is

directed to call for the service records relating to the petitioner

from the district office as well as the service book of the

petitioner for the period thepetitioner had worked in Agriculture

Production Marketing Committee, Dalsinghsarai, Samastipur, Patna High Court CWJC No.12099 of 2022 dt.07-08-2023

and after verifying the records must take a final decision with

respect to the entitlement of the petitioner to A.C.P. and Gratuity

in accordance with law.

9. It is admitted that petitioner had remained on the

post of gardener (Mali) from the date of his appointment and as

such he is entitled for financial upgradation as has been granted

to the other government employees. Accordingly, the pension,

gratuity and other retiral dues is required to be fixed in

accordance with law.

10. Accordingly, the present writ petition is

disposed of.

                                                 (Purnendu Singh, J)
Niraj/Nilmani
AFR/NAFR                N.A.F.R.
CAV DATE                N/A
Uploading Date          08.08.2023
Transmission Date       N/A