Patna High Court
Shiv Narayan Pandit vs The State Of Bihar And Ors on 8 August, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15118 of 2014
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Shiv Narayan Pandit son of Late Siyaram Pandit, resident of village-
Sakarpura, P.S.- Khagaria, District- Khagaria
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Department of Health,
Government of Bihar, Patna
2. Joint Secretary, Department of Health, Govt. of Bihar, Patna
3. Director, Indigenous Medicine, Department of Health, Government of Bihar,
Patna
4. District Indigenous Medical Officer, Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Kumar, Advocate
For the Respondent/s : Mr. Ajay, GA-12
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 08-08-2024
Heard Mr. Shiv Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Ajay, learned GA-12
appearing on behalf of the State.
2. Learned counsel appearing on behalf of the
petitioner informs that the petitioner has already filed a detailed
representation for considering his case in light of the several
orders passed by this Court, including CWJC No.5045 of 1991
vide order dated 28.07.2008 (Annexure-14), by which this Court
had directed for considering the service counted from the date of
take over of the hospital, making it clear that the petitioner of
the said case would not be entitled to receive salary from the
Patna High Court CWJC No.15118 of 2014 dt.08-08-2024
2/4
date of taking over till the date of notification of regularisation.
However, the period should be counted as period in service for
the purpose of granting other benefits such as pension,
promotion etc. It has been informed by the learned counsel that
the petitioner was superannuated in the year 2015 itself and
considering that he has rendered his service for more than 10
years, as a regular employee, he has to qualified for pension and
the same has to be fixed by the State Government, as per the
Rule 58 and Rule 59 of the Bihar Pension Rules, 1950, which
deals with the condition of service of a Government servant to
qualify for pension, may be referred too and the same is
reproduced hereinafter:
"58. The service of a Government servant does not
qualify for pension unless it conforms to the
following three conditions:-
First- The service must be under Government.
Second The employment must be substantive and
permanent.
Third - The service must be paid by Government.
These three conditions are fully explained in the
following sub- sections.
59. The Provincial Government may, however, in the
case of service paid from general revenues, even
though either or both of conditions (1) and (2) are
not fulfilled-
(1) declare that any specified kind of service
rendered in a non- gazetted capacity shall qualify
for pension;
(2) in individual cases, and subject to such
conditions as it may think fit to impose in each case,
direct that service rendered by a Government
servant shall count for pension."
3. Rule 59 of the Bihar Pension Rules, 1950
provides that in certain cases even though the conditions are not
Patna High Court CWJC No.15118 of 2014 dt.08-08-2024
3/4
fulfilled, the Government may provide that the service rendered
by a Government servant shall count for pension. Under this
provision the Government came out with Memo
No.Pen1024/69/11779 F., dated 12.8.1969 which is quoted
hereinbelow for ready reference:
"Regarding:-Declaration of temporary
service of a Government servant who is not
confirmed as pensionable.
Under the existing pension rules, a
temporary Government servant if not
confirmed in any post, is not entitled to
pension unless his services are declared
pensionable under rule 59 of the Bihar
Pension Rules.
2. There are a large number of temporary
Government servants employed under
different schemes which are in existence for
the last 15-20 years and it will cause
hardship to them, if they are not allowed
pension after their retirement.
3. The State Government after careful
consideration have, therefore, been pleased
to decide that, if the service of the temporary
or officiating Government servant who is not
confirmed in any post is continuous and is
more than 15 years, it will be considered as
pensionable under rule 59 of the Bihar
Pension Rules.
4. These orders will be applicable to
Government servants retiring on or after 12
August, 1969. [*Vide Memo No. Pen
1024/69/11779
F., dated 12-8-1969.]"
4. Reading the above provision clearly provides that
even a person has worked in temporary capacity has not been
confirmed, if the service or any post is continuous and is for
more than 15 years, then it may be considered as reasonable
Patna High Court CWJC No.15118 of 2014 dt.08-08-2024
under the Rule 59 of the Bihar Pension Rules, 1950.
5. Having considered the limited relief sought for by
the petitioner and taking into consideration that the petitioner
has already filed a detailed representation dated 15.07.2014
before the Director, AYUSH, or in alternative, petitioner, if so
advised, may also file a detailed comprehensive representation
for consideration of his case, in light of the several orders
passed by this Court, as well as, as per the paragraph no.4 C (1)
of the Bihar Litigation Policy, 2011. The Authorities must take
action on the representation of the petitioner expeditiously,
within a reasonable period without any further delay. In case,
the petitioner finds that the case of the petitioner is not being
considered, the petitioner is at liberty to take action against the
concerned authority, on whose account, the matter has been
delayed.
6. With the aforesaid observation/direction, the
present writ petition stands disposed of.
(Purnendu Singh, J.)
Ashishsingh/-
AFR/NAFR AFR
CAV DATE NA
Uploading Date 21.08.2024
Transmission Date NA
