The Letters Patent Appeal challenging the dismissal of a writ petition seeking pay protection for past Central Government service was dismissed. The court held that entitlement depends on State rules, which are absent in this case.
The letters patent appeal is dismissed without granting any pay protection benefits to the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1118 of 2015 Arising out of Civil Writ Jurisdiction Case No. 684 of 2014 Along with
Interlocutory Application No.4767 of 2015
=========================================================== Manoj Kumar, son of Bharat Prasad Yadav, Resident of Flat No. 202, Prem Kunj Apartment, Mazar Gali, Shekhpura, Patna - 14.
.... .... Petitioner-Appellant/s
Versus
.... .... Respondents- Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar, (in person) For the Respondent/s :
===========================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)
Date: 20-10-2016
Re.: Interlocutory Application No. 4767 of 2015
The application is for condonation of delay of 9 days in
filing of the present Letters Patent Appeal.
Patna High Court LPA No.1118 of 2015 dt.20-10-2016
2/3
Patent Appeal.
Re.: Letters Patent Appeal No.1118 of 2015
The present Letters Patent Appeal is directed against an order passed by a learned Single Bench of this Court on 4th February, 2015 whereby, the writ application filed by the appellant claiming pay protection on the basis of services rendered as Assistant Executive Engineer in the Border Road Organization under the Union of India remained unsuccessful.
Patna High Court LPA No.1118 of 2015 dt.20-10-2016
3/3
present appeal. The letter accepting technical resignation shows that the appellant will be entitled to get benefits of service as per the rules. The rules in the present case would be the rules of the State of Bihar. The appellant would be entitled to the benefit of the service rendered in the Border Road Organization only if the rules of the State of Bihar permit the counting of the service rendered by an employee in another organization under a different employer. The appellant could not point any rule which permits counting of his service under the Government of India for the purposes of pay protection in the State of Bihar. In the absence of any rule, merely because technical resignation of the appellant was accepted will not entitle him for the benefit of past service rendered by him with the Government of India. In the absence of any rules, the appellant is not entitled to the benefit of past service from the State of Bihar.
(Hemant Gupta, J.)
(Ahsanuddin Amanullah, J.)
Sunil/-
| AFR/NAFR | A.F.R. |
|---|---|
| CAVDATE | N.A. |
| UploadingDate | 24.10.2016 |
| Transmission Date |
2 issues framed by the court
Whether an employee is entitled to pay protection benefits in the State of Bihar for past service rendered with the Union of India merely due to acceptance of technical resignation.
Whether State rules permit the counting of service rendered under a different employer (Government of India) for pay protection purposes.
Manoj Kumar
The Union of India and others
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
