Patna High Court
Tulakant Mishra vs The State Of Bihar on 25 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13284 of 2007
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1.1. Ashok Kumar Mishra son of Late Tula Kant Mishra, resident of Village-
Chainpur, P.S.-Bangaon, District-Saharsa.
1.2. Anil Kumar Mishra, son of Late Tula Kant Mishra, resident of Village-
Chainpur, P.S.-Bangaon, District-Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Commissioner-cum-Secretary, Co-Operative
Department, Government of Bihar, Patna.
2. Joint Registrar, Co-Operative Society, Tirhut Division, Muzaffarpur.
3. Joint Registrar, Co-operative Society, Bhagalpur Division, Bhagalpur.
4. District Co-Operative Officer, Bhagalpur.
5. The Accountant General Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Prafull Chandra Thakur, Advocate
For the State : Mr. P.K. Shahi, Advocate General
Mr. Prabhakar Jha, GP27
Mr. Mukund Mishra Jha, AC
For the Acct General : Mr. Ram Kinkar Choubey, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 25-08-2023
Mr. Dipak Kumar Singh, Additional Chief Secretary,
Co-operative Society, Govt. of Bihar, Patna is present in Court.
2. Heard learned counsels for the respective parties.
3. In the instant petition, petitioners have prayed for the
following reliefs:-
"(i) Certiorari setting aside the
order dated 06.06.06 containing in
memo/order no. 1500, issued by the
Respondent Commissioner-cum-Secretary,
Govt. of Bihar whereby and whereunder the
representation filed by the petitioner in the
Patna High Court CWJC No.13284 of 2007 dt.25-08-2023
light of order dated 10.04.06 passed in CWJC
No. 8363 of 05 by this Hon'ble Court has
illegally been rejected.
(ii) For direction upon the
Respondents to grant pay full gratuity, leave
encashment, full pension with permission to
commute pension in favour of the petitioner.
(iii) For direction to the
Respondents for sanction of leave and
payment of salary for the period form
11.8.1969 to 17.12.21969 during this period
the petitioner remained under earned leave
on account of illness of the petitioner and his
wife.
(iv) For direction upon the
Respondents for payment of special pay for
the period from 11.4.66 to 18.8.69 in view of
the fact that in the aforesaid period the
petitioner was given designation to Executive
officer on foreign service term.
(v) For direction upon the
Respondents to grant due promotion to the
rank of District Co-operative Officer in
favour of the petitioner and to fix the payment
and allowance accordingly and make
payment of arrear and salary to the petitioner.
(vi) For quashing the portion of the
notification bearing memo No. 1836 dated
3.9.86 issued by the Additional Secretary, Co-
operative Societies Department, State of
Bihar whereby and whereunder a decision
has been taken that the petitioner will not be
given anything except subsistence allowance
for the suspension period.
(vii) For interest on arrear as
admissible in favour of the petitioner.
Patna High Court CWJC No.13284 of 2007 dt.25-08-2023
(viii) For any other appropriate
relief/reliefs which the petitioner may be
found entitled in law and equity. "
4. The petitioners have not apprised this Court as to
what is the difference of retiral benefits they are entitled. They
have also not questioned the validity of fixation of pension and
other related issues which had been settled wayback in the year
2005. They had approached this Court on an earlier occasion, this
Court had directed the concerned authority to consider grievance
of the petitioners. To that effect, a speaking order has been passed
and communicated to the petitioners in which they have stated that
petitioners' claims have already been settled. In this backdrop, the
petitioners have failed to apprise this Court as to what is the error
that has been committed by the concerned authority insofar
fixation of pension and other related ancillary issues like Payment
Order & DCRG vide Annexure-O to the 2nd supplementary
counter affidavit filed on behalf of respondent no. 1, leave
encashment etc. In the absence of those material, one cannot draw
inference that the petitioners are entitled to relief sought in the
present petition.
5. Accordingly, the present petition stands disposed off
as not maintainable.
Patna High Court CWJC No.13284 of 2007 dt.25-08-2023
6. Personal appearance of Mr. Dipak Kumar Singh,
Additional Chief Secretary, Co-operative Society, Govt. of Bihar,
Patna stands dispensed with.
(P. B. Bajanthri, J)
Vikash/-
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