Dismissed

Dwarika Nath v. The State of Bihar

Patna HC9 May 2023CWJC/1022/2023

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking relief for arrears of 1st and 2nd Advance Class Payment and ungranted retirement benefits. It directed the Collector, Gaya, to examine the petitioner's representations within two months and ensure payment of any due monetary benefits within one month of the decision.

What did the court decide?

Direction to Respondent No. 2 to consider petitioner's representations within two months and pay due monetary benefits within one month of the decision.

Dwarika Nath Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1022 of 2023

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Dwarika Nath, Son of Late Uma Shankar Prasad Sinha, Resident of MohallaGhugharitar, Malibagicha, P.S.- Vishnupad, District- Gaya.

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... ... Petitioner

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Versus

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The State of Bihar through the Collector, Gaya.

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The Collector, Gaya.

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The Anchala Adhikari, Konch, District- Gaya.

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... ... Respondents

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Appearance :

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For the Petitioner/s : Mr. Arun Kumar Sinha, Advocate For the Respondent/s : Ms. Nutan Sahay, AC to AAG-12

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

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2 09-05-2023

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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2. The petitioner in the present case is seeking the

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following reliefs:-

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“i) To issue a writ preferably in the nature of mandamus, commanding and directing the Respondent authority concerned to grant the benefit of 2^nd A.C.P. to the petitioner which is due on 29.04.2005 and for which the petitioner is legally entitled.

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ii) To issue a further writ of mandamus directing the Respondents concerned to grant retiral benefits to the petitioner which has not been paid to the petitioner till date.

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iii) And/or any other order/orders for granting any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of this case.”

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3. Learned counsel for the petitioner submits that the

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petitioner while serving as Halka Karmchari was suspended on

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Patna High Court CWJC No.1022 of 2023(2) dt.09-05-2023 2/3

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27.03.2002 and his suspension is vacated on 20.11.2005. The petitioner moved this Court in CWJC No. 13336 of 2006 which was dismissed by the learned Single Judge whereafter the petitioner preferred letters patent appeal being LPA No. 1436 of 2014 in which the Hon’ble Division Bench directed the respondents to take steps for payment of salary for the period of suspension preferably within a period of three months. A copy of the order of this Court has been brought on record as Annexure ‘1’ to the writ application.

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4. It is stated that the petitioner got salary for the said period. He superannuated on 31.01.2013 as Halka Karmchari of Konch Anchal, Gaya. The grievance of the petitioner is that he was though given benefit of 1^st A.C.P. on 09.08.1999 by the order of the Collector, Gaya vide Memo No. 08 dated 03.02.2021 but till today, he has not been granted benefit of the 1^st A.C.P. and the 2^nd A.C.P. In this regard, he has made several representations.

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5. The petitioner relies upon an order issued by the Joint Secretary of the Revenue and Land Reforms Department, Government of Bihar wherein it is stated that the retiral benefits of all the Halka Karmchari/Amin be paid within 10 days.

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6. Learned counsel for the petitioner submits that at

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Patna High Court CWJC No.1022 of 2023(2) dt.09-05-2023 3/3

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this stage, the petitioner would be satisfied if a direction be issued to the Collector, Gaya (respondent no. 2) to consider the case of the petitioner, his representations which are Annexures ‘4’ and ‘5’ to the writ application and pass an appropriate order thereon within a reasonable time.

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7. In the given facts and circumstances, this writ application is being disposed of with a direction to the Collector, Gaya (respondent no. 2) to consider the grievance of the petitioner, examine his representations as contained in Annexures ‘4’ and ‘5’ to the writ application and take an appropriate view thereon within a period of two months from the date of receipt/production of a copy of this order.

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8. The respondent no. 2 shall ensure that in case any monetary benefit is required to be paid to the petitioner in accordance with law, the same shall be made available within next one month from the date of the decision taken by respondent no. 2 on the representations of the petitioner.

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(Rajeev Ranjan Prasad, J)

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SUSHMA2/-

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Dwarika Nath v. The State of Bihar

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Dwarika Nath v. The State of Bihar

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