Disposed

Medni Das v. the State of Bihar and Ors.

Patna HC11 Feb 2009CWJC/8799/2002

Case brief

AI extract

What is this about?

Petitioner sought formal notification for promotion and consequential pension benefits after holding officiating charge. Court directed respondents to verify entitlement and benefits within three months, conditioning future denial on a reasoned order.

What did the court decide?

Direct respondents to consider petitioner's promotion and entitlement within three months; grant difference in salary/pension if eligible; deny formal promotion only through reasoned order.

Medni Das Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2009)

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 IN THE HIGH COURT OF JUDICATURE AT PATNA
 CWJC No.8799 of 2002
 MEDNI DAS
 Versus
 THE STATE OF BIHAR & ORS
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11.02.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State.

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No counter affidavit has been filed on behalf of the State. This Court does not consider it prudent to adjourn the matter any further for that purpose.

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The petitioner seeks relief of a direction for issuance of a formal notification of his promotion to the post of P.A. to Collector Khagaria from the post of Office Superintendent. It is his case that he was given officiating charge on 5.1.1994 when orders for his promotion were issued on the same date. In absence of a formal notification of promotion he continued to receive only officiating allowance. Despite the Commissioner, Munger, having recommended for promotion to the Department of Personnel and Administrative Reforms in 1998 itself the matter remained in abeyance when the petitioner superannuated on 31.12.2000 while holding the post of P.A. to Collector Khagaria in officiating capacity only in absence of the formal notification.

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This Court considers it proper to dispose of this writ application with a direction to respondents 2 and 3 to consider the issue of officiating promotion granted to the petitioner and if they be otherwise satisfied of his entitlement and eligibility, not only shall the benefits of full salary of the post of P.A. to Collector be available to the petitioner less what was paid to the

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petitioner in officiating capacity, additionally the respondents shall also be obliged to re-fix his pensionary and retrial benefits of the post of P.A. to Collector.

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In the event that the respondents propose to deny him the formal promotion to the post of P.A. to Collector or anything beyond officiating allowance, the respondents shall be obliged to pass a reasoned and speaking order after due opportunity to the petitioner.

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Let the respondents take such appropriate decision in accordance with law within a maximum period of three months

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from the date of receipt and/or production of a copy of this order.

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The writ application stands disposed.

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Snkumar/-

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(Navin Sinha,J.)

Medni Das v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Medni Das v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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