Patna High Court
Dr. Dharmendra Singh @ Dr. Dharmendra ... vs The State Of Bihar on 23 July, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13238 of 2024
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Dr. Dharmendra Singh @ Dr. Dharmendra Sinha, Son of Late Raghunath
Singh @ Raghunath Sinha, resident of 26/02, Dinkar Nagar, Madhauliya,
Khetal, Police Station-Kazi Mohammadpur, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Animal and Fishery
Resources Department, Government of Bihar, Patna.
2. The Deputy Secretary, Animal and Fishery Resources Department,
Government of Bihar, Patna.
3. The Accountant General Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Adv.
Mr. Upendra Mishra, Adv.
Mr. Bhaskar Sandilya, Adv.
Mr. Ravi Kumar, Adv.
For the Respondent/s : Mr. Raghwanand, GA-11
Mr. Pratik Kumar, AC to GA-11
For the A.G. : Mr. C. Swaroop, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 23-07-2025
Heard the parties.
2. The petitioner has invoked the extra-ordinary
jurisdiction of this Court seeking a direction upon the concerned
respondents to ensure payment of full pension with effect from
01.01.2018
till the date he inflicted with the punishment of
withholding of 50% of pension i.e. 24.01.2019 and further to
make 50% pension from 25.01.2019 to 24.10.2021, which has
not been paid till date without any justifiable reason, apart from
other retiral benefits and dues as admissible under the law.
Patna High Court CWJC No.13238 of 2024 dt.23-07-2025
3. The only point for consideration before this Court
is with regard to the entitlement of the retiral benefits and other
dues of the petitioner, as has been claimed before this Court.
4. The facts as culled out from the materials available
on record reveal that while the petitioner was discharging his
duty on the post of Special Deputy Director, Virahat Pashu
Vikas Paryojana, Patna, in the mean while, he was subjected to a
departmental proceeding, which came to initiated on
30.12.2014. While the departmental proceeding was going on,
in the mean while the petitioner superannuated on attaining the
age of superannuation on 31.12.2017. In view of the aforesaid
facts, the on-going departmental proceeding converted under
Rule 43(b) of the Bihar Pension Rules, 1950.
5. Notwithstanding the superannuation of the
petitioner, he has not been allowed any retiral benefit and finally
the departmental proceeding culminated with the punishment of
withholding of 50% of pension permanently vide Memo No. 40,
dated 24.01.2019 (Annexure-1). It is further contended that
surprisingly 50% of pension in favour of the petitioner has been
sanctioned after a delay of more than two years on 25.10.2021
but finally, the petitioner started getting pension with effect
from 07.03.2023, without there being any justifiable reason in
Patna High Court CWJC No.13238 of 2024 dt.23-07-2025
causing such delay.
6. Learned Advocate for the petitioner has further
informed to this Court that the order of punishment is put to
challenge by filing a separate writ petition bearing No. C.W.J.C.
No. 12175 of 2019 which is pending consideration before a
Bench of this Court. Contending the aforesaid facts, he further
submits that this is the admitted position, while the petitioner
superannuated, he was facing a departmental proceeding and,
as such, Rule 43(c) will come into picture, which clearly
stipulates that where departmental enquiry or judicial
proceeding in which the prosecution has been sanctioned against
such servant initiated during the service period of the
Government servant is not concluded, till the retirement of the
Government servant, the amount of provisional pension shall be
less than maximum admissible amount of pension, but shall, in
no case, be less than 90%. On the strength of the aforesaid
prescription, he submits that in any circumstances the petitioner
was entitled to get 90% of provisional pension, which includes
gratuity with effect from the date of his retirement, till the date
the punishment was inflicted upon the petitioner. Further denial
of 50% of pension from 25.01.2019 till 24.10.2021 is also
arbitrary and not tenable in law as well as in fact.
Patna High Court CWJC No.13238 of 2024 dt.23-07-2025
7. The afore-noted contention of the petitioner has
been refuted by Mr. Prateek Kumar, learned Advocate for the
State. Taking this Court through the Rule 209 of the Bihar
Pension Rules, 1950, he submits that since the petitioner has
failed to furnish the pension papers and necessary documents, in
absence of which the petitioner could not get the pension. There
is a specific provision which obligates the employee to furnish
appropriate application at the time of his retirement and all the
more delay has occurred on the part of the petitioner; repeated
letters and reminders have been given to the petitioner, however,
the petitioner failed to submit appropriate application with the
necessary documents. Finally, press communique was also made
and an opinion has been sought for from the Finance
Department and in the light of the opinion 50% pension started
with effect from the date, when the petitioner submitted his
application. However, he submits that it is the admitted position
the petitioner has been inflicted with the punishment of
withholding of 50% of the pension permanently and now 50%
of pension has been sanctioned and the petitioner has been paid
the same with effect from 07.03.2023.
8. Having heard the learned Advocate for the
respective parties and after going through Rule 43(c) of the
Patna High Court CWJC No.13238 of 2024 dt.23-07-2025
Bihar Pension Rules, 1950 there is no iota of confusion with
regard to the prescription which entitles an employee, who is
facing departmental enquiry or judicial proceeding at the time of
his superannuation, to get the amount of provisional pension,
which shall not be less than 90%. The issue afore-noted has also
been clarified by a Full Bench of this Court in the case of
Arvind Kumar Singh vs. The State of Bihar & Ors. reported in
2018 (2) PLJR 933 which reads as follows:-
"We have no hesitation in holding that
after coming into force of the amendment
to the Pension Rules by incorporating
Rule 43(c) on 19th of July, 2012, an
employee who is facing departmental
inquiry or judicial proceeding on the
date of his superannuation would be
entitled to provisional pension which
would include gratuity to the tune of an
amount not less than 90 per cent."
9. So far the contention of the petitioner that the
petitioner failed to submit appropriate application alongwith the
necessary documents in terms with Rule 209 of the Bihar
Pension Rules, 1950 is concerned, this Court is of the opinion
that the said rule cannot disentitle the petitioner for his
legitimate claim of retirement benefits and other dues, when the
delay is sufficiently explained. Bare perusal of Rule 209 of
Bihar Pension Rules, 1950, it is evident the very object of the
rule is to prevent unnecessary delay in extending the pension
Patna High Court CWJC No.13238 of 2024 dt.23-07-2025
and thus obligation has been cast upon the employee to submit
application but with the power to relax, when the delay is
sufficiently explained. Admittedly the petitioner has been, all
along, facing the departmental proceeding since 2014, and thus
if certain application was required to be furnished by the
petitioner, it may be communicated through the disciplinary
authority, during the course of departmental proceeding itself.
Such plea as has been taken by the respondents is not available
to them, when no order or any letter has ever been served to
him.
10. In view of the aforesaid settled legal and factual
position, this Court finds that the action of the respondent
authorities in withholding of provisional pension including
gratuity till the punishment is inflicted, is unsustainable. The
Court directs the respondent nos. 1 and 2 to ensure the payment
of admissible provisional pension and gratuity, from the date of
retirement of the petitioner till the date, punishment is inflicted
upon him, and further 50% of pension with effect from the date
of punishment i.e., 24.01.2019 till 25.10.2021, preferably within
a period of 12 weeks from the date of receipt/production of a
copy of this order.
11. The writ petition stands disposed off with the
Patna High Court CWJC No.13238 of 2024 dt.23-07-2025
aforesaid direction.
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 29.07.2025
Transmission Date NA
