Patna High Court
Pramod Kumar Mishra vs The State Of Bihar on 25 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.766 of 2023
In
Civil Writ Jurisdiction Case No.526 of 2020
======================================================
1. Pramod Kumar Mishra, Son of Late Shiya Sharan Mishra, Resident of
Village- Mirjapur, P.O.- Pitamberpur, P.S.- Ghosi, District- Jehanabad
(Bihar).
2. Sushila Devi, D/o Late Shiya Sharan Mishra, Wife of Purshottam Mishra,
Resident of Village- Mirjapur, P.O.- Pitamberpur, P.S.- Ghosi, District-
Jehanabad (Bihar) and presently residing at Village- Sherpur, P.O. and P.S.-
Karpi, District- Arwal (Bihar).
... ... Appellant/s
Versus
1. The State of Bihar through the Principal Secretary, Water Resources
Department, New Secretariat, Patna.
2. The Executive Engineer, Flood Control Drainage Division, Purnia.
3. The Superintending Engineer, Flood Control and Drainage Circle, Purnea.
4. The Chief Engineer, Flood Control and Drainage Department, Katihar,
Camp, Purnea.
5. Awadhesh Kumar Mishra, Son of Late Siya Sharan Mishra, C/o Mahendra
Dubey, Resident of Mohalla- Babuchak, Milki, P.O.- Acchua, P.S.- Paliganj,
District- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Dhanendra Choubey, Advocate
Mr. Dineshwar Tiwary, Advocate
For the Respondent/s : Mr. Anjani Kumar, AAG-4
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
Patna High Court L.P.A No.766 of 2023 dt.25-02-2025
2/4
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 25-02-2025
Re. I.A. No. 01 of 2023 :-
The aforesaid interlocutory application has
been filed seeking condonation of delay of six days in
preferring the present Letters Patent Appeal.
2. For the reasons stated in the application,
the delay of six days in preferring the appeal is, hereby,
condoned.
3. I.A. No. 01 of 2023 stands allowed.
Re. L.P.A. No. 766 of 2023 :-
4. Heard the learned counsel for the parties.
5. There appears to be a fight amongst the
brothers and sister of an employee who died in harness.
6. Amongst the brothers and the sister, an
arrangement was made that Awadhesh Kumar Mishra,
the eldest of the sons of the deceased employee, would
get appointment on compassionate ground, whereas the
other brother and the sister would share the post-
Patna High Court L.P.A No.766 of 2023 dt.25-02-2025
retiral/death benefits of the deceased employee.
7. It appears that Awadhesh Kumar Mishra,
despite having obtained appointment on compassionate
grounds, reneged on his undertaking of not claiming any
share in the post-retiral/death benefits of his late father.
He had approached this Court vide C.W.J.C. No. 526 of
2020, stating that he ought not to be compelled to
surrender his share in the post-retiral/death benefits of
his late father.
8. The learned Single Judge rightly disallowed
such a prayer, taking it to be a disputed question of fact
and personal dispute and by the judgment impugned
dated 19.04.2023, relegated the matter to the concerned
authority, which had to take a call on the representation
made by the writ-petitioner/Awadhesh Kumar Mishra.
9. The judgment in no way adversely affects
the right of the present appellants, who are brother and
sister of Awadhesh Kumar Mishra respectively.
10. There is no flaw in the judgment,
Patna High Court L.P.A No.766 of 2023 dt.25-02-2025
necessitating any interference by this Court.
11. However, the concerned authority shall
take into account that Awadhesh Kumar Mishra got
appointed on compassionate ground and is now reneging
from his promise to allow the other brother and sister to
share the post-retiral/death dues of the deceased
employee.
12. The appeal stands disposed off
accordingly.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 28.02.2025
Transmission Date N/A
