The single judge dismissed the writ petition seeking pensionary benefits. The court held that the petitioner's service as a Seasonal Sangrahak did not conform to Bihar Pension Rules because his employment was not substantive or permanent.
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 Civil Writ Jurisdiction Case No.6285 of 2017
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Baban Bihari Prasad Son of Late Bachu Narayan Prasad, Resident of VillageBaswariya, P.S.Dhaka, District East Champaran.
... ... Petitioner
... ... Respondents ====================================================== Appearance : For the Petitioner/s : Mr.K.M.Joseph For the Respondent/s : Mr.Vikash Kumar-Sc11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 22-06-2020
Heard Mr. K.M. Joseph, learned counsel for the petitioner and Mr. Vikash Kumar, learned Standing Counsel No.11 for the State.
Patna High Court CWJC No.6285 of 2017 dt.22-06-2020 2/4
was transferred to Motihari Revenue Division and his pay was revised from time to time. In 1992, the Department drew up and notified the seniority list of Seasonal Sangrahaks engaged by the Irrigation Department at various Revenue Divisions with an intention of regularizing their services against vacancies arising in regular establishment. In the seniority list of Seasonal Sangrahaks, the name of the petitioner figured at serial no.53. The petitioner rendered his services till 30.06.1996 and after that he was no longer offered any seasonal engagement as Sangrahak.
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disposed of by reasoned order by the competent authority within a period of three months. Pursuant to the said order, the petitioner filed a representation on 23.11.2004, which was rejected by the Director, Revenue Administration, Water Resources Department, Bihar Patna by a reasoned order bearing no.90 dated 30.12.2004. The said order was communicated to the petitioner through registered post dated 28.03.2005 issued by the Deputy Collector, Revenue Division, Gndak Project, Bettiah. The petitioner never assailed the aforesaid order and, hence, the same attained finality. 6. The claim of the petitioner for grant of pension is not admissible under Rule 58 of the Bihar Pension Rules, which reads as under :-
“58. The service of a Government servant does not qualify for pension unless it conforms to the following three conditions :-
First - The service must be under Government. Second - The employment must be substantive and permanent.
Third - The service must be paid by Government.”
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merit, is dismissed.
(Ashwani Kumar Singh, J)
Pradeep/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 23.06.2020 |
| Transmission Date |
1 issue framed by the court
Whether the petitioner qualifies for pensionary benefits for service rendered as a Seasonal Sangrahak under the Irrigation Department when employment was not against a substantive or permanent post.
Baban Bihari Prasad Son of Late Bachu Narayan Prasad
The State Of Bihar
The Engineer-in-Chief, Water Resources Department, Government of Bihar
Chief Engineer, Water Resources Department, Valmiki Nagar Division
Accountant General, Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
