Dr Bhola Nath Sahay Vs Union of India through Secretary Ministry of Culture

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P(S) No. 793 of 2019

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Dr. Bhola Nath Sahay, aged about 68 years, son of Late Rameshwar Prasad, resident of Som Vihar, (Bharam Toil) P.O. R.M.C.H., P.S. Bariatu, District Ranchi, PIN-834009, Jharkhand ...... Petitioner

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Versus

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Union of India through Secretary Ministry of Culture Govt. of India, New Delhi, 1^st Floor, CSL Building, Shastri Bhawan, Dr. R. Prasad Road, P.O. and P.S. New Delhi, District: New Delhi - 110001.

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The Director, Anthropological Survey of India, Ministry of Culture Deptt. of Culture, 27 Jawaharlal Nehru Road, Indian Museum Complex, Govt. of India, Kolkata, P.O. and P.S.-Kolkata, Kolkata, W.B., PIN700016.

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The Regional Officer, Anthropological Survey of India, Shiva Bhawan Lachumiere, Shillong, at and P.O. and P.S. Shillong. PIN-793001.

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State of Jharkhand through Secretary, Department of Human Resources Development, Govt. of Jharkhand, Project Bhawan, Dhurwa, P.O. and P.S. Dhurwa, District - Ranchi.

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Ranchi University, Ranchi through its Vice Chancellor, Ranchi University Campus, P.O. and G.P.O., P.S. Kotwali, District Ranchi.

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The Registrar, Ranchi University, Ranchi, R.U. Campus, P.O.-G.P.O., P.S.- Kotwali, District - Ranchi. .... Respondents

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE

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For the Petitioner : Mr. Prabhash Kumar, Advocate For the Union of India : Mr. Prabhat Kumar Sinha, Sr.PC For the State of Jharkhand : Ms. Archana Kumar Singh, AC to GA-IV

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Dated: 6^th March 2024

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The present writ petition has been filed about seven years after the superannuation of the petitioner from service.

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2. The petitioner has prayed for the following reliefs:

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“ That in the instant application, the Petitioner prays for issuance of a writ of Mandamus directing and commanding upon the Respondents concerned to immediately and forthwith make payment of all legal and lawful benefits which include pension, gratuity, unutilized leave encashment group Insurance and Bonus and other lawful and legal dues for the services render by him with effect from 02.04.1974 to 08.03.1985 to the Anthropological Survey of India, Kolkata under Ministry of Culture, Govt. of India, New Delhi on the post of Senior Technical Assistant and Research Associate (Physical) under quasi permanent capacity alongwith interest @12% per annum on all lawful dues till the date of actual payment and cost of litigation AND/OR in the alternative Union of India, State of Jharkhand and Ranchi University, Ranchi i.e. Respondent No. 1 to 6 may be directed to calculate all post retiral benefits

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2 W.P(S) No.793 of 2019

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calculating petitioners services rendered under Anthropological Survey of India, Ministry of Culture, Kolkata w.e.f. 02.04.1974 to 08.03.1985 and Services rendered under Ranchi University, Ranchi w.e.f. 11.03.1985 to 31.08.2012 on cumulative basis and treating the same as continuous service as per Govt. of India, Circular dated 31.03.1982 for calculation of service period for granting pensionary benefits and to pay full pension, Gratuity, unutilized leave encashment, group Insurance, Bonus and other admissible lawful and legal dues alongwith interest @ 12% per annum.

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AND

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Any other appropriate writ /writs be issued, order/orders be passed direction/directions be made as your Lordships made deem fit and proper in the facts and circumstances of this case.”

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This is a well-known proposition that a government employee should make a claim within a reasonable time while he is in service. This is also quite settled law that delay and latches on the part of the petitioner if not properly explained shall be a reason not to entertain the writ petition. The petitioner who claims that he was appointed on 2^nd April 1974 under the respondent-Anthropological Survey of India, Kolkata, must be held to have knowledge about the benefits accrued to him. Still, he did not move the Court for about 35 years seeking service-linked benefits. Mr. Prabhash Kumar, the learned counsel for the petitioner however refers to a communication dated 31^st January 2023 of the respondent-Anthropological Survey of India, Kolkata filed along with supplementary affidavit dated 12^th July 2023 to submit that the service rendered by the petitioner under the respondent no.1 may be counted for pensionary benefits.

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As this Court has observed, there has been inordinate delay and latches on the part of the petitioner and, for the same reason, this is a ground for not taking into consideration the letter dated 31^st January 2023 which was issued about a decade after the writ petition was filed.

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For the foregoing reasons, this W.P(S) No.793 of 2019 is

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dismissed.

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(Shree Chandrashekhar, A.C.J.)

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Sudhir/

Dr Bhola Nath Sahay v. Union of India through Secretary Ministry of Culture

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Dr Bhola Nath Sahay v. Union of India through Secretary Ministry of Culture

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