Chandrabali Ram vs The State Of Bihar
2023 Latest Caselaw 2658 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.2269 of 2020
     ======================================================

1. Chandrabali Ram, Son of Raghu Ram, resident of Devi Sthan, Adarshnagar, Aurangabad, Post Office- Aranagabad, P.S. Aurangabad Town, District- Aurangabad (Bihar).

2. Kameshwar Singh, Son of Bhaola Singh, resident of Mohalla Hanumannagar, Ahri, Aurangabad, Post Office - Aurangabad, P.S. Aurangabad Town, District- Aurangabad.

3. Ashok Kumar Singh, Son of Late Chandradeo Singh, resident of Village Moglani Karma, P.O. Belaiyu, P.S. Nabinagar, District- Aurangabad (Bihar).

... ... Petitioner/s Versus

1. The State of Bihar through its Secretary, Rural Development Department to the Government of Bihar, New Secretariat, Bailey Road, Patna.

2. The District Magistrate cum Chairman, District Rural Development Agency, Aurangabad, Post Office- Aurangabad, P.S. Aurangabad Town, District- Aurangabad.

3. The Deputy Development Commissioner cum Secretary, District Rural Development Agency, Aurangabad, Post Office- Aurangabad, P.S. Aurangabad Town, District- Aurangabad.

4. The Managing Director, District Rural Development Agency, Aurangabad, Post Office- Aurangabad, P.S. Aurangabad Town, District- Aurangabad.

5. The Accountant General Bihar, Patna, Bir Chand Patel Path, Patna- 800001.

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

For the Petitioner/s : Mr. Shailendra Kumar, Adv.

     For the State                :     Ms. Manisha Singh, Adv.
     For the Accountant General   :     Ms. Ritika Rani, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT

Date : 23-06-2023

Heard Mr. Shailendra Kumar, learned counsel appearing

on behalf of the petitioners, Ms. Manisha Singh, learned counsel

appearing on behalf of the State and Mr. Ms. Ritika Rani, learned

counsel appearing on behalf of the Accountant General. Patna High Court CWJC No.2269 of 2020 dt.23-06-2023

2. The petitioners have sought for following reliefs in

the writ petition under consideration:-

"1. That by this application the petitioners are invoking the writ jurisdiction of this Hon'ble Court for issuance of a writ(s), direction(s) in the nature of a writ of mandamus directing the respondents concern to compute and pay the petitioners their amount of gratuity and other post retiral benefits including the monetary benefit in terms of the Judgments dated 27- 4-2015 and 13-3-2018 in C.W.J.C. No. 10653 of 2008 and LPA No. 2082 of 2015 as has been extended to similarly situated counterparts even after superannuation."

3. There are three writ petitioners in the writ petition.

The petitioners have given detail service record of the petitioner

making specific pleading in the writ petition.

4. There are three writ petitioners in the present writ

petition. The petitioners have given details service record making

specific pleading in the writ petition.

5. Learned counsel appearing on behalf of the petitioners

inform this Court that the deceased was posted in D.R.D.A.,

Aurangabad. The fathers of the petitioners were employee of

D.R.D.A., Aurangabad and all of them have claimed parity with

one employee namely Anirudh Ojh, who has preferred writ

petition bearing C.W.J.C. No. 10653 of 2008, in which after final

adjudication the writ Court has granted similar relief as has been Patna High Court CWJC No.2269 of 2020 dt.23-06-2023

prayed for in the present writ petition, by directing the State

Government for absorbing the petitioners in permanent

Government service, pursuant to the Government decision and

granted all consequential benefits to the petitioners of the said writ

petition. Learned counsel inform that father of petitioner nos. 1

and 2 namely Late Raj Narayan Singh and Late Umashankar

Sharma respectively were directed to be absorbed in Collectoriate

in regular establishment of the Government, in compliance of the

order passed by the Hon'ble Court in C.W.J.C. No. 17221 of 2014,

while father of petitioner no. 3, Late Shekhat Prasad had died in

the year 2012.

6. Learned counsel further submits that the law is no

more res intergra and petitioners' case may also be considered in

light of Judgment dated 27.04.2015, passed in C.W.J.C. No.

10653 of 2008 (Anirudh Jha Vrs. The State of Bihar & Ors.).

7. Learned counsel further submits that the case of the

petitioners for regularization in permanent establishment of State

Government was taken belatedly and could not be considered

along with the cases of other similarly situated employees and

without giving benefit during life time of the father of the

petitioners, the petitioners have been forced to file the present writ

petition.

Patna High Court CWJC No.2269 of 2020 dt.23-06-2023

8. Learned counsel in the above background submitted

that they will file representation before the District Magistrate,

Aurangabad, respondent no. 2.

9. Learned counsel appearing on behalf of the State have

no objection in the above order as the order is not being passed on

merits.

10. Considering the prayer made on behalf of the

petitioner, this Court directs the District Magistrate, Aurabgabad to

dispose of the representation of the petitioner in light of the

Judgment passed in case of other similarly situated employees

including one namely Anirudh Jha, who has preferred C.W.J.C.

No. 10653 of 2008 by a Coordinate Bench of this Court vide order

dated 27.04.2015 had granted relief to the petitioners of the said

writ petition as has been made in the present case.

11. The State had preferred L.P.A. No. 208 of 2015

against he order dated 27.04.2015, passed in C.W.J.C. No. 10653

of 2008. The Division Bench of this Court after considering the

facts of the case as well as the submission made by the State

Government had not found any infirmity in the order passed by the

learned Single Judge and the same was made absolute and had

directed the State Government to grant relief to the petitioners. The Patna High Court CWJC No.2269 of 2020 dt.23-06-2023

petitioners cannot be deprived of the benefit in terms of the

notification of the years 2003 and 2006.

12. In the present case certainly no action was taken by

the District Magistrate, Aurangabad at the relevant point of time

which delayed the matter at the level of the District Magistrate,

Aurangabad and for the said illegal act of the District Magistrate in

following the matter the petitioner cannot be allowed to stop the

State Government.

13. The order passed by the learned Single Judge was

finally affirmed by the Apex Court in Special Leave Petition

(Civil) (Diary) No. 27689 of 2018.

14. The District Magistrate, Aurangabad must pass a

reasoned order in confirmity with the law laid down by this court,

which has been affirmed by the Apex Court in case of Anirudh Jha

(supra) within a period of six weeks.

15. Accordingly, the writ petition stands disposed of.

(Purnendu Singh, J) pravinkumar/-

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