Dharmendra Kumar vs The State Of Bihar And Ors
2023 Latest Caselaw 4053 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.12425 of 2015
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Dharmendra Kumar S/o Late Dwarika Prasad Singh R/o - Defence Colony, PS - Sahpur, Danapur, District - Patna.

... ... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Finance, Govenment of Bihar, Old Secretariat, Patna.

2. The Principal Secretary, Finance, Government of Bihar, Old Secretariat, Patna.

3. The District Treasury Officer, Bettiah.

4. The District Magistrate, Bettiah of Bihar, Old Secretariat, Patna.

5. The Bihar State Food and Civil Supplies Corporation through the Chairman SONE Bhawan, 5th Floor, Birchand, Patel Path, Patna-1.

6. The Managing Director, Bihar State Food and Civil Supplies Corporation SONE Bhawan, 5th Floor, Birchand, Patel Path, Patna-1.

7. The District Manager, Bihar State Food and Civil Supplies Corporation Jamshedpur now in the State of Jharkhand.

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

     For the Petitioner/s   :       Mr.Dipak Kumar, Advocate
     For the Respondent/s   :       Mr.Birju Prasad, GP 13
                            :       Ms. Shweta Anand, AC to GP 13

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 25-08-2023

1. The present petition has been filed seeking the

following reliefs :-

"(i) For issuance of an order, direction or writ in the nature of certiorari for quashing that part of Memo no. 130 dated 03.02.2011, by which the services of the petitioner along with the others stood Patna High Court CWJC No.12425 of 2015 dt.25-08-2023

absorbed as Government servant w.e.f. the date of the issuance the order.

(ii) For issuance of an order, direction or writ in the nature of mandamus commanding the respondent authorities to absorb the petitioner as Government servant w.e.f 15.10.96 i.e. the date the petitioner gave his first joining in the office of District Treasury Officer, Bettiah.

(iii) For issuance of an order, direction or writ in the nature of mandamus commanding the respondent authorities to grant all consequential benefits including post-retirement benefits treating the petitioner to be in Government service w.e.f. 15.10.96. "

2. At the outset, the learned counsel for the

respondent- State has referred to the counter affidavit, filed

in the present case to submit that the services of the

petitioner along with others was absorbed vide letter dated

03.02.2011, issued by the District Magistrate, Bettiah, which

was accepted by the petitioner without any objection and he

had continued to work till his retirement on 31.07.2011. It is

further submitted that the petitioner had earlier also filed a Patna High Court CWJC No.12425 of 2015 dt.25-08-2023

writ petition bearing C.W.J.C. no. 3462 of 2015, which had

stood dismissed as withdrawn, by an order dated 09.03.2015,

passed by a co-ordinate Bench of this Court. The learned

counsel for the respondents has further submitted that the

petitioner cannot be permitted to approbate and reprobate at

the same time, inasmuch as while on the one hand he has

derived all the benefits emanating from absorption of his

services during his service tenure but on the other hand, after

retirement, he is now belatedly challenging the order of

absorption of his services as far as the date of absorption is

concerned. This aspect of the matter has been dealt with by

the Hon'ble Full Bench of this Court in the case of Malti

Kumari vs. The State of Bihar and others, 2013(2) PLJR

677.

3. Having regard to the facts and circumstances of

the case and considering the submissions advanced by the

learned counsel for the respondent- State, I do not find any

merit in the present petition, especially in view of the fact

that the said contentions of the respondent- State has stood

un-rebutted by the petitioner, inasmuch as no rejoinder has

been filed by the petitioner to the counter affidavit filed by Patna High Court CWJC No.12425 of 2015 dt.25-08-2023

the respondent- State, thus, the present writ petition stands

dismissed, being devoid of any merit.

(Mohit Kumar Shah, J)

rinkee/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          29.08.2023
Transmission Date       NA