The High Court of Patna dismissed a writ petition challenging an order superannuating the petitioner at age 60. The Court held the petitioner was a permanent government employee ineligible for university absorption available only to temporary staff, finding no merit in the challenge.
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.11293 of 2014
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Arjun Prasad Singh son of Late Madhav Mandal Resident of Mohalla - Prem Nagar, P.O. and Police Station - Sabour, District - Bhagalpur
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Md. Najmul Hodda, Advocate For the State : Mr. Jitendra Kumar Roy, SC-13 Mr. Hitesh Suman, AC to SC-13 For the University : Mr. Sanjeev Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT
Date : 30-10-2023
Patna High Court CWJC No.11293 of 2014 dt.30-10-2023 2/5
years. Further direction was given for fixation of the pension accordingly.
Patna High Court CWJC No.11293 of 2014 dt.30-10-2023 3/5
Patna High Court CWJC No.11293 of 2014 dt.30-10-2023 4/5
further reference is made to the contents of the letter to submit that even from the same it is clear that the petitioner had not exercised his option for being absorbed as an employee of the University, which in any case was not available to the petitioner who was a permanent Government employee and instead the same was available only to temporary Government employees.
Patna High Court CWJC No.11293 of 2014 dt.30-10-2023 5/5
circumstances of the case, the material on record and the submissions made, the Court finds no merit in the instant writ application and the same is dismissed.
(Partha Sarthy, J)
Shiv/-
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| CAV DATE | N/A |
| Uploading Date | 31.10.2023 |
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2 issues framed by the court
Whether a permanent Government employee transferring services to a university is entitled to absorption and continued service till superannuation age like temporary employees.
Whether the obligation to superannuate lies with the permanent employee or the temporary employee option holder.
Arjun Prasad Singh
The State Of Bihar
The Director, Agriculture, Bihar, Patna
The Agriculture Production Commissioner, Agriculture Department, Govt. of Bihar
The Vice Chancellor, Bihar Agricultural University
The Director Administration, Bihar Agricultural University
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
