Dismissed

Md. Allauddin @ Allauddin @ Allaudeen Miyan v. The State Of Bihar and Ors.

Patna HC19 Dec 2018CWJC/11985/2018

Case brief

AI extract

What is this about?

The petitioner, a retired sweeper-cum-watchman, sought writ jurisdiction to count the period of service rendered by him in the Food and Civil Supplies Corporation before its absorption by the State Government towards his pension and gratuity. The court dismissed the application relying on a Full Bench decision which held that employees of the erstwhile corporation are not entitled to count such pe

What did the court decide?

The writ application is dismissed; the petitioner is not entitled to count pre-absorption services in the Corporation for pensionary benefits.

Md. Allauddin @ Allauddin @ Allaudeen Miyan Vs… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11985 of 2018

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Md. Allauddin @ Allauddin @ Allaudeen Miyan S/o Late Sanichar Mian R/o Village- Kutubpur,Police Station Mathurapur, District- Khagaria

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, the Department of Food & Civil Suppies Bihar,Patna

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The Chairman cum Managing Director, Civil Supplies Corporation, Sone Bhawan, Veer Chand Patel Patha, Patna

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The District Manager, Bihar State Food & Civil Supplies Corporation, Saharsa null null

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The District Provident Officer, Khagaria

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The District Treasury Forum, Khagaria

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The Accountant General, Bihar, Patna

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The District Manager, Bihar State Food & Civil Supplies Corporation, Khagaria

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... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar For the State : Mr. Arvind Ujjwal- Sc4 For the AG(Respondent No. 7) : Mr Arun Kumar Arun, Adv. For BSFC (Respondent No. 2-4) : Mr. Shailendra Kr. Singh, Adv.

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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT

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Date : 19-12-2018

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Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State and learned counsels for the Bihar State Food and Civil Supplies Corporation and Accountant General, Bihar, Patna.

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Petitioner in the present writ application prays for grant of retiral dues counting the period spent by him in the Food and Civil Supplies Corporation (hereinafter referred to as “Corporation”). Petitioner joined on 17.12.1973 in the Corporation and absorbed by the State Government on 03.11.1997 as a

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Patna High Court CWJC No.11985 of 2018 dt.19-12-2018 2/3

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Sweeper-cum-Watchman in Class-IV post. Petitioner retired on 31.12.2007 and he prays for counting the length of service spent in the Corporation between 17.12.1973 till 02.11.1997.

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Learned counsel for the Bihar State Food and Civil Supplies Corporation submits that now the matter is no longer res integra as a Full Bench of this Court has decided the matter in the case of Harishankar Prasad Vs. The State of Bihar (in CWJC No. 13495/2008) and other analogous cases decided on 01.11.2018 wherein it has been held as follows:

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“In view of the above and for the reasons stated above, it is held that the respective writ petitioners being the employees of the erstwhile Corporation shall not be entitled to pension/pensionary benefits/total gratuity counting their services rendered by them with the Corporation and that the State Government is justified in paying the pension/pensionary benefits to the concerned retired employees on pro-rata basis counting their services rendered by them with the State Government only. All the writ petitions stand dismissed, accordingly.”

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Patna High Court CWJC No.11985 of 2018 dt.19-12-2018 3/3

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Considering the said, this writ application stands dismissed,

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accordingly.

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(Nilu Agrawal, J)

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kamlesh/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	20.12.2018
Transmission Date	NA

Md. Allauddin @ Allauddin @ Allaudeen Miyan v. The State Of Bihar and Ors.

Case brief

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Md. Allauddin @ Allauddin @ Allaudeen Miyan v. The State Of Bihar and Ors.

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