Ashok Kumar Sharma vs The State Of Bihar
2023 Latest Caselaw 955 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.493 of 2019
                                          In
                    Civil Writ Jurisdiction Case No.8291 of 2014
     ======================================================

Ashok Kumar Sharma Son of Indradeo Sharma Resident of Village- Amarpur, Post Office- Babhangama, Police Station- Bihpur, District-Bhagalpur.

... ... Appellant/s Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

2. The District Magistrate, Bhagalpur.

3. The Deputy Collector (Establishment), Bhagalpur.

4. The Block Development Officer, Kharik, District- Bhagalpur.

5. The Accountant General, Birchand Patel Path, Patna.

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

For the Appellant/s : Mrs. Pravina Kumari, Adv. For the State : Mr. Shailendra Kumar Dwivedi ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 13-03-2023

Re. I.A. No. 01 of 2019

This interlocutory application has been filed

for condoning the delay of 69 days in preferring this

appeal.

For the reasons stated in the Interlocutory

Application No. 01 of 2019, the delay of 69 days in

preferring this appeal is condoned.

The application stands allowed.

L.P.A. No. 493 of 2019 Patna High Court L.P.A No.493 of 2019 dt.13-03-2023

The defects as pointed out by the stamp

reporter are hereby ignored.

Heard Mrs. Praveena Kumari, learned

advocate for the appellant and Mr. Shailendra Kumar

Dwivedi, learned counsel for the State.

The appellant has challenged the order

dated 07.01.2019 passed by the learned single Judge

of this Court in C.W.J.C. No. 8291 of 2014 whereby his

prayer for a direction to the authorities to grant him

pension after condoning the deficiency of 11 months

short in service for qualifying for pension and another

benefits.

The appellant had worked during census

operation between 30.03.1981 to 31.05.1982. The

engagement of the appellant ceased when the census

operation was finished. However, since many others,

similarly situated, had been rendered jobless, a

direction was issued to the Government to consider

their cases for regular appointment in various

establishments, provided there was vacancy.

Considering this aspect of the matter, many

such persons who had worked in the census operation

got regular appointment including the appellant.

However, the appellant's appointment was slightly Patna High Court L.P.A No.493 of 2019 dt.13-03-2023

later than the others and therefore he superannuated

on 31.01.2012 after having worked for 9 years and 23

days.

The contention of the appellant is that other

census workers were given appointment before the

appellant and therefore they had completed ten years

in service which qualified them for grant of pension.

Only because the appellant had not approached the

Courts for his absorption in regular service, he could

not complete ten years in service because of age, but

such deficiency in the tenure of service could be

condoned by the appropriate government in

accordance with Rule 106 of the Bihar Pension Rules.

Most of the census workers, Mrs. Pravina

Kumari argues, have been granted pension for their

having served for ten years. Only because of the

appellant's delayed absorption, he has been kept away

from pensionary benefits.

The learned single Judge after having

recorded all the above noted facts, has found that the

qualifying period of service of the appellant was not

such as to grant him pension and rejected his claim.

Rule 106 of the Bihar Pension Rules

specifies that upon any conditions which it may think Patna High Court L.P.A No.493 of 2019 dt.13-03-2023

fit to impose, the authority competent to sanction the

pension of a Government servant may condone a

deficiency of three months in his qualifying service.

Condonation of deficiencies beyond three months will

require the orders of the Provincial Government.

One of the basic principles which is to be

observed while considering cases of condonation of

deficiencies in service under Rule 106 of the Bihar

Pension Rules is that condonation of short periods only

will ordinarily be allowed where a Government servant

is compelled to retire on invalid pension or when

condonation of a short deficiency is necessary to

enable a Government servant to draw pension instead

of gratuity. The other condition is that the condonation

of short periods also should ordinarily be allowed

where there has been a fairly long period of continuous

temporary or other service.

The appellant does not come in any one of

the categories.

It is quite fortuitous that the appellant could

not complete ten years in service but nothing can be

done for curing the deficiency of the period falling

short of his services to become pensionable.

We do not find any folly in the order dated Patna High Court L.P.A No.493 of 2019 dt.13-03-2023

07.01.2019 passed by the learned single Judge.

The appeal, thus is dismissed.

                                                  (Ashutosh Kumar, J)


                                                    ( Harish Kumar, J)
rohit/sunil
AFR/NAFR                 NAFR
CAV DATE                 NA
Uploading Date           15-03-2023
Transmission Date