Dismissed

Upendra Kumar v. The State of Bihar

Patna HC22 Oct 2019CWJC/17606/2019

Case brief

AI extract

What is this about?

The petitioner, a Revenue Clerk, sought restoration after illness following contract appointment post-superannuation. The High Court directed the District Magistrate to examine the grievance and decide within three weeks per engagement terms.

What did the court decide?

Direction to District Magistrate, Gaya to examine petitioner's grievance and take decision within three weeks as per engagement terms.

Upendra Kumar Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17606 of 2019

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Upendra Kumar Son of Late Chote Lal Singh Resident of VillagePaddumchak, P.O. Maksudpur, P.S. Khijarsaray, Utrawan, District- Gaya, Bihar- 823003.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Revenue, Government of Bihar, Patna.

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The District Magistrate cum Collector, Gaya.

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The Deputy Collector (Establishment), Gaya.

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The Sub-Divisional Officer, Sherghati, District- Gaya.

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The Circle Officer, Dumria, District- Gaya.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Rohit Mishra For the Respondent/s : Mr.Rishi Raj Sinha (SC-19)

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====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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2 22-10-2019 Heard learned counsel for the parties.

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The petitioner was serving as Revenue Clerk in the

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office of the Circle Officer, Dumaria in the District of Gaya. He attained the age of superannuation on 31.10.2017. It is his case that a decision was taken to appoint him and other persons on contract basis after his superannuation under the order of the District Magistrate, Gaya passed on 31.10.2017 and he was posted accordingly at Dumaria in the District of Gaya. It is his case that soon after he was appointed on contract basis, he had developed some heart problems, whereafter he could not discharge his duties. After some time, when he has recovered

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Patna High Court CWJC No.17606 of 2019(2) dt.22-10-2019 2/2

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from the ailment and is fit to resume his duties, the authorities are refusing to allow him to join, despite representations having been made by the petitioner.

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Considering the facts and circumstances of the case, this application is disposed of with a direction that let the District Magistrate, Gaya look into the grievance of the petitioner and take a decision, in accordance with law, strictly in accordance with the terms of the engagement of the petitioner on contractual basis. Such decision must be taken within three weeks from the date of receipt/production of a copy of this order.

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This disposes of the application.

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(Chakradhari Sharan Singh, J)

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arun/-

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Upendra Kumar v. The State of Bihar

Case brief

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Upendra Kumar v. The State of Bihar

Case brief

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