Dismissed

Abha Kumari v. The State of Bihar

Patna HC13 Nov 2024L.P.A/311/2020

Case brief

AI extract

What is this about?

A government employee's challenge to a transfer order fails where she has already joined at the transferred station and subsequently retired; an employee unable to join due to illness must furnish medical records to the authority rather than remain absent. The court dismissed the LPA against rejection of the writ petition but directed that retiral dues be settled in accordance with law within three months of the appellant submitting a representation.

What did the court decide?

Delay condoned; retiral dues to be settled within three months of representation by the appellant.

Abha Kumari Vs The State of Bihar — Pension and Retirement Benefits | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.311 of 2020 In

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Civil Writ Jurisdiction Case No.17614 of 2019

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======================================================

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Abha Kumari W/o Sri Ramanand Singh Resident of Ward No.- 38, Behind Pariwar Sadan Chanakya Nagar, Begusarai, Vishunpur.

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... ... Appellant/s

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Versus

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

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The Director-in-Chief, Health Services, Government of Bihar, Patna.

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The Civil Surgeon, Begusarai.

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The Superintendent, Sadar Hospital, Begusarai.

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The District Treasury Officer, Begusarai.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Ravindra Kumar, Advocate Mr. Shiv Kumar Prabhakar, Advocate Mr. Uma Shankar Sharma, Advocate For the Respondent/s : Mr.S.D.Yadav, AAG9 Mr.Anil Kumar Verma, AC to AAG9 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

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3 13-11-2024

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Re:I.A. No. 01 of 2021

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Heard I.A. No. 01 of 2021 for condonation of delay in

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filing LPA. For the reasons stated in the application read with affidavit, delay of about 42 days in filing LPA stands condoned. Accordingly, I.A. No. 01 of 2021 stands allowed.

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With the consent of the learned counsels for the

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respective parties, the present LPA is taken up for final disposal.

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Grievance of the appellant is in respect of transfer

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Patna High Court L.P.A No.311 of 2020(3) dt.13-11-2024 2/3

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from Sadar Hospital, Begusarai to office of the Civil Surgeon, East Champaran vide communication dated 24.05.2019. The learned Single Judge has rejected writ petition. Hence, the present LPA.

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Learned counsel for the appellant submitted that appellant was suffering from knee pain and she had undergone surgery. Therefore, transferring from Begusarai to East Champaran is not in public interest and transfer order liable to be set aside. It was bounden duty of the appellant to obey the order of transfer and she can’t remained unauthorised absent. On the issue of the fact that she has undergone surgery of her right knee. If she is unable to move from the bed, in that event she should have made necessary medical records and apprise the concerned authority to the extent that she is unable to join at transfer place as it was beyond her control. However, it is learnt that she had already joined service at East Champaran. Moreover, order of transfer is dated 24.05.2019 and it has spent its force on account of the fact that appellant has joined service. Hence, no interference is called for with the impugned order dated 22.06.2020 passed in CWJC No. 17614 of 2019 read with transfer communication dated 24.05.2019 passed by the Director-in-Chief, Health Services, Government of Bihar.

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Patna High Court L.P.A No.311 of 2020(3) dt.13-11-2024 3/3

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At this stage, learned counsel for the appellant submitted that appellant has attained age of superannuation and retired from service on 31.03.2022. Her retiral dues have not been settled on account of transfer and litigation are pending consideration. However, in this regard the appellant is hereby directed to submit a detailed representation for settlement of retiral dues at the earliest. If such representation is submitted, the concerned authority is hereby directed to settle her retiral dues in accordance with law within a period of three months from the date of such representation/application to be submitted by the appellant.

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With the above observation, the present LPA No.311 of 2020 stands dismissed.

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(P. B. Bajanthri, J)

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( S. B. Pd. Singh, J)

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abhishekkr/-

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Abha Kumari v. The State of Bihar

Case brief

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Abha Kumari v. The State of Bihar

Case brief

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