Allowed

The Bihar State Food And Civil Supplies Corporation and Ors. v. Irfan Ahmad Khan

Patna HC19 Aug 2016L.P.A/662/2015

Case brief

AI extract

What is this about?

The High Court of Judicature at Patna allowed the appellant's interlocutory application condoning a 130-day delay in filing the Letters Patent Appeal. The CPL dismissed the appeal, holding the lower order correct in setting aside the termination order and granting liberty to consider regularization based on a Full Bench judgment.

What did the court decide?

Delay of 130 days in filing the Letters Patent Appeal was conceded, and the appeal filed under LPA No. 662 of 2015 was dismissed.

The Bihar State Food And Civil Supplies… — Pension and Retirement Benefits | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Letters Patent Appeal No.662 of 2015 Arising out of

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Civil Writ Jurisdiction Case No. 5033 of 1998 Along with

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Interlocutory Application No.2857 of 2015

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The Bihar State Food and Civil Supplies Corporation through the Managing Director, Sone Bhawan, 5^th Floor, Birchand Patel Marg, Patna.

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The Managing Director, Bihar State Food & Civil Supplies Corporation, Sone Bhawan, 5^th Floor, Birchand Patel Marg, Patna.

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The Chief of Administration, Bihar State Food & Civil Supplies Corporation, Sone Bhawan, 5^th Floor, Birchand Patel Marg, Patna.

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The District Manager, State Food Corporation, Chapra, Dist Saran at Chapra.

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.... .... Respondents- Appellant/s

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Versus

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Irfan Ahmad Khan, Son of Shri Islam Khan, Resident of Dahiyawan, P.S. - Town Chapra, District – Chapra.

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.... .... Petitioner-Respondent/s

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Appearance : For the Appellant/s : Mr. Shailendra Kumar Singh, Advocate For the Respondent/s : Mr.

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CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL JUDGMENT

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(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA)

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Date: 19-08-2016

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Re.: Interlocutory Application No.2857 of 2015

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The application is for condonation of delay of 130 days in filing of the present Letters Patent Appeal.

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For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, we condone the delay in filing of the present Letters Patent Appeal.

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Patna High Court LPA No.662 of 2015 dt.19-08-2016

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2/3

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Interlocutory Application stands allowed accordingly.

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Re.: Letters Patent Appeal No.662 of 2015

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The challenge in the present Letters Patent Appeal is to an order dated 27^th of August, 2014 whereby, the order passed by the Managing Director of the appellant-Corporation on 09^th of May, 1998 was set aside whereby, the writ applicant was removed but with the liberty to the appellants to consider the matter of regularization of the writ applicant as to whether his case for regularization falls within the parameters of the policy decision and relevant laws. The payment of backwages was also left open.

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It appears that the services of the writ applicant were terminated on 18^th of May, 1996 for the reason that he was not engaged prior to 1^st of August, 1985 and, therefore, not entitled to be regularized and that the District Manager, Chapra was not competent to appoint the writ applicant. In terms of the earlier directions of this court, the representation of the writ applicant was considered and the termination of the writ applicant was maintained.

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Once the liberty has been granted to the appellants to consider as to whether the writ applicant is entitled to be regularized or not, including the period of payment of back wages for the intervening period, we do not find any error in the order passed by the learned Single Bench as none of the rights of the appellant are affected by such

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Patna High Court LPA No.662 of 2015 dt.19-08-2016

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3/3

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an order. It is expected of the appellant-Corporation that it shall consider the claim of the writ applicant in the light of recent Full Bench Judgment of this Court in Ram Sevak Yadav Vs. The State of Bihar & Ors. Case, 2013 (1) PLJR 964 for regularization in accordance with law expeditiously.

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The present Letters Patent Appeal is, thus, dismissed.

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(Hemant Gupta, J.)

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(Ahsanuddin Amanullah, J.)

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Sunil/-

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AFR/NAFR CAV DATE N. A. Uploading Date 24.08.2016 Transmission Date

The Bihar State Food And Civil Supplies Corporation and Ors. v. Irfan Ahmad Khan

Case brief

What is this about?

What did the court decide?

The Bihar State Food And Civil Supplies Corporation and Ors. v. Irfan Ahmad Khan

Case brief

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