Patna High Court
Mansoor Alam @ Mansoor vs The State Of Bihar on 16 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10769 of 2022
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Mansoor Alam @ Mansoor, S/o Late Gulam Rasool, Resident of Village-
Kadirganj, P.S. Dulhin Bazar, District- Patna presently retired as Chain Puller
from the Circle Office, Fatuha, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary
2. The District Collector, Patna
3. The Deputy Collector, Establishment, Patna
4. The District Programme Officer, Patna
5. The Circle Officer, Fatuha, District-Patna
6. The District Education Officer, Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Subhash Kumar Mishra, Advocate
For the Respondent/s : Mr. Mankeshwar Tiwari, AC to AAG-3
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 16-01-2024
Heard Mr. Subhash Kumar Mishra, learned counsel
appearing on behalf of the petitioner and Mr. Mankeshwar
Tiwari, learned AC to AAG-3 for the State.
2. The petitioner, who had been working as driver
from 1983 and subsequently was absorbed and appointed
against the sanctioned post in year 2013 and further having been
superannuated on 31.03.2022, has filed the present writ petition
seeking a direction upon the respondent authorities to ensure
payment of his post retiral benefits, including gratuity, pension,
G.P.F., leave encashment, as also the due salary for the month of
Patna High Court CWJC No.10769 of 2022 dt.16-01-2024
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July, 2021 to March, 2022 after quashing the letter no. 1192
dated 27.09.2021 whereby the salary of the petitioner has been
withheld for indefinite period, though he has been allowed to
discharge his duty till superannuation.
3. A counter affidavit has been filed on behalf of
respondent nos. 2 to 5 and it has been averred that pursuant to
the request made by the Deputy Collector, Establishment, Patna,
the Principal, Collegiate School, Naubatpur, Patna has enquired
the educational certificate of the petitioner and vide his letter
dated 29.11.2022 submitted a report that the petitioner was not
the student of Collegiate School, Naubatpur, Patna, his name did
not find place in the attendance register of the record and no
Transfer Certificate has been issued in his name. Accordingly,
the District Programme Officer (Establishment), Patna vide its
letter no. 3464 dated 21.12.2022 has sent the said report of the
incharge Principal, Collegiate School, Naubatpur, Patna to the
Deputy Collector, District Establishment Section, Patna for the
needful.
4. It is submitted on behalf of the State respondents
that since the petitioner has obtained his appointment on the
basis of forged and fabricated documents, thus the claim made
in the writ petition is not justified in the eyes of law.
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5. In response to the aforesaid submission, learned
counsel for the petitioner submitted that admittedly the
petitioner has been allowed to discharge the duty, as daily
wagers employee, since 1983 and later on he was appointed as
Chain puller in the year 2013, after proper verification of all the
documents, and he has also been allowed to superannuate on
31.03.2022
unconditionally, without there being initiation of any
departmental proceeding. However, till date no final order has
been taken, even in this regard. He further referring to the report
submitted by the incharge Principal, Collegiate School,
Naubatpur, Patna, submitted at the bar that from the report it
appears that the record was not available, thus, in absence of the
report, the certificate submitted by the petitioner at the time of
his appointment, cannot be said to be forged and fabricated.
6. Considering the nature of the dispute and the fact
that the petitioner has rendered his services till the date of his
retirement, this Court directs the Deputy Collector,
Establishment, Patna to take a final decision in the matter with
regard to the entitlement of the petitioner i.e. retiral benefits as
well as salary for the period he rendered his duty preferably
within a period of ten weeks' from the date of receipt/production
of a copy of this order.
Patna High Court CWJC No.10769 of 2022 dt.16-01-2024
7. Needless to observe that in case, the petitioner is
found entitled to the retiral benefits and other dues, the same
shall be paid to him within the stipulated period as mentioned
hereinabove or in case any adverse order would be passed, the
same must be reasoned and speaking, after giving proper
opportunity of hearing to the petitioner.
8. Accordingly, the present writ petition stands
disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.01.2024
Transmission Date NA
