Partly allowed

Sri Krishna Singh and Anr. v. the State of Bihar and Ors.

Patna HC7 Aug 2012CWJC/21442/2011

Case brief

AI extract

What is this about?

Patna HC held retired science teachers entitled to arrears and revised salary only for past three years from date of filing representation, citing delay and financial burden on State despite earlier precedents granting regular status from appointment. Order disposed limiting relief to recent period.

What did the court decide?

Petitioners granted arrears and revised salary for period of three years past commencing from representation dated 25.2.2010.

Sri Krishna Singh and Anr. Vs the State of… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.21442 of 2011

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Sri Krishna Singh S/O Late Shiv Nandan Singh R/O Village- Mohanpur, P.S.- Muffasil (Begusarai), District- Begusarai 2. Ram Sewak Singh S/O Late Shyamal Prasad Singh R/O VillageMohanpur, P.S.- Muffasil (Begusarai), District- Begusarai

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.... .... Petitioner/s Versus 1. The State Of Bihar

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The Principal Secretary Human Resources Development Department, Government Of Bihar, Patna

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The Principal Secretary Finance Department, Govt. Of Bihar, Patna 4. The Deputy Secretary Finance (Pay Fixation) Department, Govt. Of Bihar, Patna

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The Director, Primary Education, Bihar, Patna

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The District Magistrate, Begusarai

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The Deputy Development Commissioner - Cum - Chairman District Education Establishment Committee, Begusarai

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The District Programme Officer, Munger, Begusarai

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The District Programme Officer, Begusarai 10. The District Treasury Officer, Begusarai 11. The District Accounts Officer, Begusarai 12. The Headmaster Of Govt. Middle School, Birpur 13. The Headmaster Of Govt. Middle School, Begusarai, Lakshmipur, Birpur

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Onkar Nath For the Respondent/s : Mr. Awdhesh Kumar Pandey Ga9 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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3 07-08-2012 Heard learned counsel for the petitioners and the

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State.

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The petitioners are stated to have retired on 30.6.2004 and 1.1.2007 respectively from the post of Science Teacher. They desire for counting of their service as regular from the date of appointment i.e. 30.10.1973.

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Learned counsel for the petitioners submits that

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Patna High Court CWJC No.21442 of 2011 (3) dt.07-08-2012

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they were initially appointed on stipend under a Special Employment Scheme after calling for names from the Employment Exchange, holding of interview. They were given a regular pay-scale after completing one year of service. Even the revised scale was given to them. The appointment was not fortuitous, ad hoc or for a fixed term. In C.W.J.C. No.3633/94, disposed on 1.5.1995, considering similar claims it was held that the appointment was a fait accompli. Thee petitioners were directed to be treated as having been appointed on regular basis with effect from initial appointment i.e. 3.10.1973. The order has been followed in C.W.J.C. No.14511/09 and analogous cases disposed on 4.2.2010.

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Learned counsel for the State submits that in C.W.J.C. No.14511/09 at paragraph-II, the aspect of delay has been left open to be considered by the District Superintendent of Education.

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The petitioners have superannuated in 2004 and 2007. If their claims were covered by a decision rendered on 1.5.1995, there had to be a semblance of an explanation why did they not move the Court in time. Perhaps, the case of the petitioners may have been distinguished between those who are vigilant and those who are indolent for the protection of their rights. But the Court does not consider it proper exercise of jurisdiction in

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Patna High Court CWJC No.21442 of 2011 (3) dt.07-08-2012

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view of the subsequent order recently in C.W.J.C. No.14511/09.

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That brings to the fore the nature of the relief to be granted. Shall the financial benefits accrue to the petitioners actually from the initial date of appointment i.e. 3.10.1973 by payment of arrears and revised salary or will the period be taken into consideration for other purposes except for payment of arrears and revised salary. The Court cannot be oblivious of the fact that to grant such relief to the petitioners shall impose an unreasonable financial burden on the State also. That is an aspect which the Court must keep in mind. The petitioners appear to have represented for the first time on 25.2.2010. If the matter had been decided by this Court in two writ petitions, prudence required the respondents to at least consider the representations. The Court is therefore satisfied to hold that the petitioners are held entitled to the same relief for grant of arrears and revised salary for a period of three years past commencing from their representation dated 25.2.2010 only.

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In (2001)8 SCC 378 (Laxman Dundappa Dhamanekar v. Vishwa Bharata Seva Samiti) it was observed as follows:-

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“13………..If the appellants were not paid salary, they ought to have made a representation to the Head of the Department or gone to a court of law for recovery of arrears of salary which they did not do so. Therefore, they are not entitled to

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Patna High Court CWJC No.21442 of 2011 (3) dt.07-08-2012

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arrears of salary for the last ten years. Under such circumstances, we are of the view that the appellants are entitled to arrears of salary only for the last 3 years……..”

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Let such consideration be done and orders passed

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within a maximum period of two months from the date of receipt/production of a copy of this order.

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The application is disposed.

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(Navin Sinha, J)

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K.C.jha/-

Sri Krishna Singh and Anr. v. the State of Bihar and Ors.

Case brief

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Sri Krishna Singh and Anr. v. the State of Bihar and Ors.

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