Allowed

Ram Baboo Singh v. the State of Bihar and Ors.

Patna HC17 May 2013CWJC/5700/2011

Case brief

AI extract

What is this about?

This oral order allowed three writ petitions challenging Accountant General orders that ignored pre-permanent recognition service tenure for taken over school employees. The court held that service must be counted from the date permission to establish the school was granted.

What did the court decide?

Accountant General order set aside; retiral dues to be recalculated from date of permission to establish school; any deduction to be refunded within one month.

Ram Baboo Singh Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2638 of 2011

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====================================================== 1. Haribansh Ram S/O Late Kuna Manhi Resident Of Village And PostBairya, P.S- Kesariya, District- East Champaran.

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.... .... Petitioner/s Versus

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The State Of Bihar. 2. The Principal Secretary, Human Resources Development, Government Of Bihar, Patna. 3. The Director, Secondary Education, Government Of Bihar, Patna. 4. The Regional Deputy Director Of Education Tirhut Division, Muzaffarpur, Bihar. 5. The District Education Officer, East Champaran, Bihar. 6. The Accountant General Bihar, Birchand Patel Path, Patna.

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.... .... Respondent/s

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====================================================== with Civil Writ Jurisdiction Case No.2277 of 2011 ====================================================== 1. Shri Narain Mishra Son Of Late Pandit Ramadutt Mishra Resident Of Village And Post Sundarpur Via Kesariya, P.S. Kesariya, District - East Champaran

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.... .... Petitioner/s Versus

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The State Of Bihar 2. The Principle Seretary Null Human Resources Development Department , Government Of Bihar, Patna 3. The Director Education, Government Of Bihar, Patna 4. The Regional Deputy Director Of Education Trihut Division, Muzaffarpur, Bihar 5. The District Education Officer, East Champaran At Motihari Bihar 6. The Accountant General, Bihar Birchand Patel Path, Patna

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.... .... Respondent/s

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====================================================== with Civil Writ Jurisdiction Case No.5700 of 2011

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====================================================== 1. Ram Baboo Singh Late Veer Singh Resident Of Village-Kushar, P.O. Keshariya, P.S-Keshariya, District- East Champaran

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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

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The Director Secondary Education, Government Of Bihar, Patna 4. The Regional Deputy Director Of Education Tirhut Division,

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Patna High Court CWJC No.2638 of 2011 (3) dt.17-05-2013

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Muzaffarpur, Bihar

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The District Education Officer East Champaran, Bihar 6. The Accountant General Bihar, Birchand Patel Path, Patna

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=====================	.... .... Respondent/s =================================
Appearance :
(In CWJC No.2638 of 2011)
For the Petitioner/s	: Mr. Tej bahadur Singh, Sr. Adv. Mr. Gyan Shankar
For the State	: Mr. Zaki Haider, A.C. to G.A.6
For A.G. (In CWJC No.2277 of 2011)	: Mr. Jitendra Kr.Roy
For the Petitioner/s	: Mr. Tej Bahadur Singh, Sr. Adv. and Mr. Gyan Shankar
For the Respondent/s	: Mr. R.K.Sharma, A.C. to S.C. 27
(In CWJC No.5700 of 2011)
For the Petitioner/s	: Mr. Tej Bahadur Singh, Sr. Adv. and Mr. Gyan Shankar
For the A.G. =====================	: Mr. L.P.K. Rajgrihar =================================
CORAM: HONOURABLE SINGH	MR. JUSTICE NAVANITI PRASAD
ORAL ORDER

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3 17-05-2013 C.W.J.C.No.2638/2011

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The petitioner, who retired as a Peon of a taken over school challenges the order of the Accountant General by which time bound promotion granted and his service tenure before permanent recognition of the school has been directed to be ignored and to recover the amount paid in this regard. The facts are that the petitioner’s school got permission to establish on 14.1.1975.The school was recognized on 10.11.1978 and the school was taken over on 2.10.1980.The petitioner was duly appointed as a Peon by the Managing Committee on 2.6.1973.

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C.W.J.C.No.2277 of 2011

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Patna High Court CWJC No.2638 of 2011 (3) dt.17-05-2013

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The petitioner was an Assistant Teacher in Sahid Bhagat Singh High School, Bairiya, East Champaran, which is a school in so far as the first writ petition is concerned. He was appointed as an Assistant Teacher on 14.1.1973 by the Managing Committee. The other relevant facts are similar to that of first writ petition. The Accountant General’s letter in similar term as in the earlier writ petition is under challenge.

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C.W.J.C.No.5700 of 2011

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The petitioner was appointed as an Assistant Teacher on 2.2.1970 by the Managing Committee of the School as in the case of above two writ petitions. All facts are similar and similar letter of Accountant General is under challenge.

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In the three writ petitions common question that arises is from when the service of an employee of a taken over school be counted for the purposes of retiral dues. In my view this question has already been decided by a bench of this Court after reviewing various judgments being C.W.J.C.No.1046 of 2006 (Smt. Asha Sharma –v- The State of Bihar & ors.), disposed of on 28.3.2011.

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It is now the judgment of this Court that the period of service of the employees shall be in such a situation counted from the date permission to establish is granted. In the present three cases, as noted above, permission to establish the school was

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Patna High Court CWJC No.2638 of 2011 (3) dt.17-05-2013

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granted on 14.1.1975.Thus from that day onwards the services would be counted for the purpose of retiral dues and the order of Accountant General to that extent cannot be supported. Thus, the order of Accountant General cannot be sustained .The Accountant General is wrong in saying that the period of service should only be from the date of grant of permanent recognition or the action of District Education Officer in ordering the deduction and/or adjustment pursuant to direction of the Accountant General cannot be sustained. They all are set aside. If any adjustment or deduction is made, the same shall be refunded to the petitioner within one month from today. Their retiral dues shall be recalculated on basis of their service from the time permission to establish the school was granted.

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It shall be the responsibility of the District Education Officer, East Champaran and the Accountant General, Bihar, Patna for its timely compliance.

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With the aforesaid observations and directions the writ petition is allowed.

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(Navaniti Prasad Singh, J)

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singh/-

Ram Baboo Singh v. the State of Bihar and Ors.

Case brief

What is this about?

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Ram Baboo Singh v. the State of Bihar and Ors.

Case brief

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