Patna High Court
Dashrath Ram vs The State Of Bihar on 11 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15331 of 2023
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Dashrath Ram S/o Baleshwar Ram, Resident of Ward No. 07, Kashipur, P.O.
and P.S.- Kashipur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner,
Urban Development and Housing Department, Government of Bihar, Patna.
2. The Municipal Commissioner, Samastipur Municipal Corporation,
Samastipur.
3. The Standing Committee through the Chairman, Municipal Corporation,
Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Satish Chandra Jha, Advocate
Mr. Vikash Kumar Jha, Advocate
For the Respondent/s : Mr. Shiv Kumar, AC to GA-3
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 11-01-2024
Heard Mr. Satish Chandra Jha, learned counsel
appearing on behalf of the petitioner, Mr. Ashok Kumar, learned
counsel for the Municipal Corporation, Samastipur and Mr. Shiv
Kumar, learned AC to GA-3.
2. The petitioner claimed to be superannuated w.e.f.
31.08.2015
, as a sweeper from the service of, the then, Nagar
Parishad, Samastipur, at present, Municipal Corporation,
Samastipur, has filed the present writ petition seeking a
direction upon the respondent municipal corporation to ensure
payment of all the retiral benefits of the petitioner, payable to
him under different heads, like, provident fund, gratuity, leave
Patna High Court CWJC No.15331 of 2023 dt.11-01-2024
encashment, GIC etc, after fixing the pay and pension,
accordingly, in the light of revised 5th and 6th Pay Scale,
including, arrears amount of revised salary and pension with
interest.
3. A counter affidavit as well as supplementary counter
affidavit has been filed on behalf of the Municipal Corporation,
Samastipur, stating therein, that the concerned record and
service book of the petitioner and other employees were in the
custody of Ashok Kumar Gupta, who was, the then, head clerk
cum accountant of the Municipal Corporation, Samastipur and it
appears that the same has been misappropriated by him,
resulting into lodging of the FIR, apart from dismissal and
proceeding, which culminated into his dismissal. It is further
submitted on behalf of the Municipal Corporation that letters
have been issued to the petitioner that, in case, he is in
possession of any of the papers, showing his
appointment/regular service, the same be placed before the
office of the Corporation, so that further action be taken, but the
same has not been done.
4. In this regard, a guideline has also been sought for
from the State Government for grant of payment of salary and
for grant of benefit of 5th and 6th pay revision, in absence of the
Patna High Court CWJC No.15331 of 2023 dt.11-01-2024
service book and records of the employees of the corporation
vide Letter No. 1034 dated 18.06.2022, and further vide Letter
as contained in Memo No. 3390 dated 18.11.2023. However, till
date, the Corporation has not received any guidelines.
5. On the last occasion, when the matter was taken up,
the learned counsel for the petitioner submitted before the Court
that identically situated persons, who were also appointed like
the petitioner, they have been allowed all the retiral benefits. In
response to the aforesaid submissions, supplementary counter
affidavit has been filed, bringing on record the name of five of
the similarly situated persons, who have been allowed the
admissible retiral dues, however, it is submitted that the
payments have been made in compliance of the order/direction
of the Hon'ble Court.
6. At this stage, Mr. Jha, learned counsel for the
petitioner submits that irrespective of all the aforesaid odds, it
has not been denied by the Municipal Corporation that the
petitioner was not the employee of Municipal Corporation and
this is also the admitted fact that one "Ashok Kumar Gupta", the
head clerk-cum-accountant of Municipal Corporation,
Samastipur was the custodian of all the records of the
employees and thus, in any case, the petitioner cannot be held
Patna High Court CWJC No.15331 of 2023 dt.11-01-2024
responsible for disappearance or loss of service book and
document/paper. He next submitted that, in case of any loss or
disappearance of service book, the Municipal Corporation, who
was/is the custodian of record/service book is under the
obligation to recast/reconstruct service book of the petitioner
and ensure the payment of the admissible retiral dues. He next
submits that such submission is being made on the premise that
the petitioner has been paid certain retiral dues under the head
of provident fund, gratuity and LIC, accepting him to be a
permanent employee of the Corporation.
7. In view of the aforesaid submissions made at the
bar, as also the materials available on record, this Court directs
the Municipal Commissioner, Samastipur, Municipal
Corporation to take all endeavours to ensure the recasting of the
service book of the petitioner and after receipt of the guidelines
by the State Government, ensure the payment of all the
admissible dues, on the basis of the newly reconstructed service
book. The entire exercise must be completed preferably within a
period of 12 weeks, from the date of receipt/production of a
copy of this order.
8. This disposes the writ petition.
9. It is needless to observe that the respondent State
Patna High Court CWJC No.15331 of 2023 dt.11-01-2024
shall also render assistance and issue guidelines in this regard,
in order to facilitate the payment of the petitioner.
(Harish Kumar, J)
shivank/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.01.2024.
Transmission Date NA
