Patna High Court
Chandradhan Sharma vs The State Of Bihar And Ors on 5 December, 2023
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3977 of 2018
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Chandradhan Sharma Son of Late Sheo Ratan Sharma, Resident of Village
-Ghari, P.S. Nasriganj, District-Rohtas (Sasaram).
... ... Petitioner/s
Versus
1. The State Of Bihar through the Chief Secretary, State of Bihar, Patna.
2. The Principal Secretary, Department of Home, Bihar, Patna.
3. The Director General of Police, Government of Bihar, Patna.
4. The Inspector General of Police, Crime Investigation Department,
Government of Bihar, Patna.
5. The Deputy Inspector General of Police, Government of Bihar at Patna.
6. The Accountant General (A & E) Bihar, Patna.
7. The Superintendent of Police, C.I.D..
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nandlal Kumar Singh, Advocate
Mr. Manish Kumar, Advocate
Mr. Rajeev Nayan, Advocate
For the Respondent/s : Mr. Manoj Kumar, AC to GP-4
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 05-12-2023
Heard learned counsel for the petitioner and
learned counsel for the State.
2. The present writ petition has been filed for
quashing of the part of letter No.2849 dated 08.11.2017 by
which it was directed to recover/adjust the amount of
Rs.2,41,324/- from pension/gratuity of the petitioner and for
further direction to the respondent for making payment of 100%
pension, gratuity as the petitioner was paid only 90%
Patna High Court CWJC No.3977 of 2018 dt.05-12-2023
2/4
provisional pension/gratuity and for further directions to fix the
pension of the petitioner after calculating the increment since
08.02.2008
to 31.01.2015.
3. Learned counsel for the petitioner submits that
entire claim of the petitioner is based on order dated 21.11.2016
passed in CWJC No.8319 of 2016. The order passed in CWJC
No.8319 of 2016 is annexed as Annexure-2. The operative part
of the said order is as follows:-
"In the circumstances
discussed, the decision taken by the
respondents present at Annexure-E to reject
the prayer of the petitioner for
reinstatement cannot be upheld and is
accordingly quashed and set aside. The
petitioner stands reinstated to his post with
effect from 08.02.2008, however, in view of
the position reflecting from the judgment of
the G.M. Tank (Supra) he is not be found
entitled to back wages until his date of
retirement but would be entitled to all his
post retirement benefits by treating his
entire period until his retirement i.e.,
31.01.2005 as continuous and the
concerned respondents are directed to
calculate the post retirement benefits of the
petitioner and make payment of the same to
the petitioner within a period of three
Patna High Court CWJC No.3977 of 2018 dt.05-12-2023
months from the date of receipt/production
of a copy of the order.
The writ petition is allowed
to the extent above."
4. Counsel for the petitioner submits that the
respondent-authorities in compliance of the said order has not
calculated the ACP/MACP to the petitioner.
5. Learned counsel for the State, on the other
hand, submits that the respondent-authorities have calculated
the arrears of the petitioner completely in accordance with the
decision given in CWJC No.8319 of 2016. It was categorical
finding of the Hon'ble Court that in the light of the judgment of
the G.M. Tank Vs. State of Gujarat {(2006) 5 SCC 446},
petitioner is not found entitled to back wages until his date of
retirement but would be entitled to all his post retirement
benefits by treating his entire period until his retirement i.e.,
31.01.2015 and it was also directed to the respondent to
calculate the post retirement benefit of the petitioner and to
make payment within three months from the date of production
of a copy of the order.
6. From the pleading of this case, it transpires to
this Court that the petitioner has developed his case submitting
that once in the light of the order passed by this Court his
Patna High Court CWJC No.3977 of 2018 dt.05-12-2023
service was treated as continuous then in that case he is
automatically entitled for payment of MACP. But in this view
of the matter, this Court upon the order realized that question of
back wages including the benefits associated have not been
granted; rather only for retirement purpose and with a view to
make him entitled for post retirement benefits his service was
treated as continuous.
7. In this view of the matter, this Court finds no
merit in this case and accordingly this writ petition is dismissed.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 06.12.2023
Transmission Date NA
