Arjun Prasad Singh vs The State Of Bihar And Ors
2023 Latest Caselaw 5442 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.11293 of 2014
     ======================================================

Arjun Prasad Singh son of Late Madhav Mandal Resident of Mohalla - Prem Nagar, P.O. and Police Station - Sabour, District - Bhagalpur

... ... Petitioner/s Versus

1. The State Of Bihar through the Director Agriculture, Bihar, Patna.

2. The Director, Agriculture, Bihar, Patna

3. The Agriculture Production Commissioner, Agriculture Department, Govt.

of Bihar, Patna

4. The Vice Chancellor, Bihar Agricultural University, Sabour, Bhagalpur

5. The Director Administration, Bihar Agricultural University, Sabour, Bhagalpur

6. The Registrar, Bihar Agricultural University, Sabour, Bhagalpur

7. The Dean - Cum - Principal, Bihar Agricultural University, Sabour, Bhagalpur

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

For the Petitioner/s : Md. Najmul Hodda, Advocate For the State : Mr. Jitendra Kumar Roy, SC-13 Mr. Hitesh Suman, AC to SC-13 For the University : Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 30-10-2023

1. Heard learned counsel for the petitioner and learned

counsel for the Bihar Agriculture University.

2. The petitioner has filed the instant writ application

praying for quashing the order dated 14.11.2013 issued under

the signature of the Director Administration, Bihar Agriculture

University, Sabour, Bhagalpur (respondent no.5) whereby

treating the petitioner not to be an employee of the University,

the petitioner was ordered to superannuate at the age of 60 Patna High Court CWJC No.11293 of 2014 dt.30-10-2023

years. Further direction was given for fixation of the pension

accordingly.

3. Learned counsel for the petitioner submits that the

petitioner was appointed on 15.3.1991 on the post of cleaner

(Khalasi) in the Department of Agriculture and he gave his

joining in the office of Special Officer-cum-Special Deputy

Agriculture Director, Ara. He was granted promotion on the post

of clerk on 22.6.1974. Subsequently his services were

transferred on 29.2.1992 by the Director Agriculture, Bihar,

Patna to the Bihar Agriculture College, Sabour under the

Rajendra Agriculture University where he worked till his

retirement on 28.2.2014.

4. Learned counsel for the petitioner further submits

that pursuant to the transfer of his service in the University, he

was given time bound promotions as any other employee of the

University and as such under the University Act, he was entitled

to continue in service till he attained the age of superannuation

ie 62 years as any other University employee. It is further

submitted that as would be evident from the letter dated

30.5.2013 (Annexure-6) written by the Principal of the Bihar

Agriculture College, Sabour, the petitioner was entitled to

continue in service till the age of 62 years. Patna High Court CWJC No.11293 of 2014 dt.30-10-2023

5. Learned counsel appearing for the University

placing reliance on the counter affidavit filed on behalf of the

University submits that the facts not in dispute are that the

petitioner was a permanent Government employee when he

joined the office of the Project Executive Officer, Special

Extension Block, Sabour being controlled under the Bihar

Agriculture College, Sabour. It is submitted that the option of

absorption as employee of the University was only available to

the temporary Government employees whose service was

transferred to the Rajendra Agriculture University and not to

permanent Government employee like the petitioner herein.

Further final orders with respect to payment of GPF and GPS

claims have already been issued vide letter dated 13.8.2014 by

the Directorate of Provident Fund (Finance Department), Bihar,

Patna.

6. With respect to the reliance placed by learned

counsel for the petitioner on the letter dated 30.5.2013 of the

Principal, Bihar Agriculture College, Sabour as contained in

Annexure-6, learned counsel for the University submits that the

Principal in the said letter has committed an error of record on

the very face of the letter insofar as he has described the

petitioner as a temporary Government employee. However, Patna High Court CWJC No.11293 of 2014 dt.30-10-2023

further reference is made to the contents of the letter to submit

that even from the same it is clear that the petitioner had not

exercised his option for being absorbed as an employee of the

University, which in any case was not available to the petitioner

who was a permanent Government employee and instead the

same was available only to temporary Government employees.

7. Having heard learned counsel for the parties and

taking into consideration the material on record, the Court finds

substance in the submissions made by learned counsel for the

University. It has categorically been contended in the counter

affidavit filed on behalf of the respondent- University that the

petitioner was a permanent Government employee and so far as

the absorption as an employee of the University is concerned,

the same was available only to a temporary Government

employee on their exercising the said option. In addition, no

reply to the said counter affidavit has been filed on behalf of the

petitioner. Even from the letter of the Principal as contained in

Annexure-6, it clearly transpires that the petitioner has wrongly

been described therein as a temporary Government employee,

however it is not in dispute that no option was exercised by the

petitioner.

8. Taking into consideration the facts and Patna High Court CWJC No.11293 of 2014 dt.30-10-2023

circumstances of the case, the material on record and the

submissions made, the Court finds no merit in the instant writ

application and the same is dismissed.

(Partha Sarthy, J) Shiv/-

AFR/NAFR
CAV DATE                N/A
Uploading Date          31.10.2023
Transmission Date       N/A