Raja Ram vs The Principal Accountant General
2023 Latest Caselaw 2874 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.6307 of 2022
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Raja Ram Son of Late Jhuman Ram, Resident of Mohalla-Ram Krishna Nagar, Dhelma, P.S.-Phulwari, District-Patna.

... ... Petitioner/s Versus

1. The Principal Accountant General (A and E), Bihar, Birchand Patel Path, Patna.

2. The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Patna.

3. The Principal Secretary, Water Resources Department, Sinchai Bhawan, Patna.

4. The Chief Engineer (Mechanical), Water Resources Department, Sinchai Bhawan, Patna.

5. The Superintending Engineer, Irrigarion Mechanical Circle, Mithapur, Patna.

6. The Executive Engineer (Mechanical), Field Machinery Division, Digha, at-

Karbigahia Patna.

7. The Treasury Officer, Sinchai Bhawan, Patna.

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

     For the Petitioner/s   :     Mr. Ajay Kumar, Advocate
     For the A.G.           :     Mr. Nivedita Nirvikar, Sr. Advocate
     For the State          :     Mr. Anjani Kumar, AAG-4

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 06-07-2023

Heard Mr. Ajay Kumar, learned counsel appearing

on behalf of the petitioner, Mrs. Nivedita Nirvikar, learned

Senior Counsel appearing on behalf of the Accountant General

and Mr. Anjani Kumar, learned AAG-4 for the State.

2. Learned counsel appearing on behalf of the

petitioner submits that petitioner was appointed in Work Charge

Establishment and, thereafter, as per the common decision, the

petitioner's services was taken into regular establishment. Patna High Court CWJC No.6307 of 2022 dt.06-07-2023

Learned counsel further informs that the similar work charge

employees, who were taken into regular establishment, have

been given the benefit of pension and other retiral dues. The

case of the petitioner is identical to those employees, who have

been given benefit of pension and other retiral dues and on these

grounds the petitioner seeks to file a detailed representation

before the Additional Chief Secretary, Finance Department,

Government of Bihar to decide the case of the petitioner in the

light of law laid down by the Hon'ble Apex Court in the case of

Uday Pratap Thakur and Anr. vs. The State of Bihar and Ors.

passed in Civil Appeal No. 3155 of 2023 @ SLP (C) No.10653

of 2018, which was heard by the Hon'ble Supreme Court with

other analogous cases and Judgment has been passed on

28.04.2023.

3. The Additional Chief Secretary, Finance

Department, Government of Bihar must consider the service

records relating to the petitioner in the light of the Judgment

passed by the Apex Court in case of Uday Pratap Thakur and

Anr. vs. The State of Bihar and Ors. (Supra) as well as in the

case of Smt. Amrika Devi & Ors. vs. The State of Bihar & Ors.

passed by the Full Bench of this Court reported in 2019 (4)

PLJR 355 and take final decision with respect to the entitlement Patna High Court CWJC No.6307 of 2022 dt.06-07-2023

of the petitioner for payment of full pension and its arrears

along with applicable rate of interest on account of delayed

payment within a period of four months. The Additional Chief

Secretary, Finance Department, Government of Bihar must take

notice of the fact that the petitioner is a retired person and

before disposing of the representation of the petitioner, the

petitioner must be given a prior notice to represent his case on

any convenient date fixed by him.

4. With the above observations and directions, the

present writ petition stands disposed of.

                                                 (Purnendu Singh, J)

manish/minu
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Uploading Date          10.07.2023
Transmission Date