Deo Bhushan Ray vs The State Of Bihar
2023 Latest Caselaw 5931 Patna

Patna High Court

Deo Bhushan Ray vs The State Of Bihar on 8 December, 2023

Author: Harish Kumar

Bench: Harish Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.18295 of 2019
     ======================================================
     Deo Bhushan Ray Son of late Jyotish Ray, Resident of Village- Bhikhan Pura,
     Bhatha Road, P.S. Ishakchak, District- Bhagalpur, Bihar.
                                                                ... ... Petitioner/s
                                        Versus
1.    The State of Bihar through the Principal Secretary, Water Resources
      Department, Sichai Bhawan, Balmi, Patna.
2.   The Divisional Commissioner-Cum Chairman, Keul Badua Command Area
     Development Agency (CADA), Bhagalpur.
3.   The Chief Engineer Balmi, Bihar, Patna.
4.   The Superintending Engineer, Bhagalpur.
5.   The Executive Engineer Command Area Development Agency, Lakhisarai.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Mritunjay Kumar Mishra, Advocate
     For the Respondent/s   :       Mr. Saroj Kumar, Advocate
     For the Balmi          :       Mr. Harshvardhan Shivsundaram, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT

Date : 08-12-2023 Heard Mr. Mritunjay Kumar Mishra, learned counsel

appearing on behalf of the petitioner, Mr. Saroj Kumar, learned

counsel for the State and Mr. Harshvardhan Shivsundaram,

learned counsel representing the WALMI.

2. The petitioner, who was appointed as 4th grade

employee on 21.01.1980, after serving more than 37 years

superannuated from Kiul Badua Chandan Command Area

Development Agency, Bhagalpur on 30.11.2017, filed the

present writ petition seeking a direction upon the respondents to

ensure the payment of all his admissible retiral benefits

including gratuity, leave encashment, contributory provident Patna High Court CWJC No.18295 of 2019 dt.08-12-2023

fund and other consequential benefits.

3. The case of the petitioner is based upon parity with

one "Ashok Rajak", who was also made accused along with the

petitioner and others in Lakhisarai P.S. Case No. 782 of 2018

and on such basis, when he was also not accorded any retiral

benefits and other admissible dues, he compelled to approach

before this Court by filing CWJC No. 18193 of 2019. In the said

case, pursuant to the direction of this Court, he has been allowed

all the admissible retiral benefits, but discrimination is being

caused and the petitioner has not been allowed the benefit till

date.

4. Mr. Harshvardhan Shivsundaram, learned counsel

for the WALMI submits that the submission of the petitioner is

required to be examined at the level of the respondent

authorities and if the case of the petitioner is found identical to

"Ashok Rajak", similar benefits shall be allowed.

5. Considering the submissions advanced on behalf of

the respondent WALMI, the writ petition stands disposed of

with a direction to the Director, WALMI to consider the claim of

the petitioner in the light of the order passed by this Court in

CWJC No. 18193 of 2019 (disposed of on 07.07.2022).

6. Needless to observe that if the claim of the Patna High Court CWJC No.18295 of 2019 dt.08-12-2023

petitioner is found identical to that of "Ashok Rajak", similar

relief be granted in favour of the petitioner. The entire exercise

must be completed preferably within a period of eight weeks

from the date of receipt/production of a copy of this order, as the

petitioner has superannuated way back on 30.11.2017.

(Harish Kumar, J) shivank/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.12.2023.
Transmission Date       NA