Disposed¶21

Ramanand Singh v. The State of Bihar

Patna HC13 Aug 2024CWJC/1934/2022

Case brief

AI extract

What is this about?

Retiral benefits; gratuity; pension; GPF; Group Insurance; Leave Encashment; de novo enquiry; reinstatement; remand; dismissal; Memo No. 940 dated 08.06.2024; District Magistrate Vaishali; superannuation August 2020; CWJC No. 19034 of 2015; order dated 12.07.2021; liberty to file fresh writ petition; writ disposed; Department of Panchayati Raj Bihar; Vaishali.

What did the court decide?

Liberty to the petitioner to assail the order of dismissal contained in Memo No. 940 dated 08.06.2024 passed by the District Magistrate, Vaishali, by filing a fresh writ petition; no direction issued in respect of the unpaid gratuity and pension. ¶21

Ramanand Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to payment of his remaining retiral benefits, namely gratuity and pension, which remain unpaid despite reinstatement and the release of GPF, Group Insurance and leave encashment during the pendency of the writ petition. +1 more

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Ratio / Principle

Without adjudicating either the legality of the fresh dismissal or the claim to unpaid gratuity and pension, and accepting the State's submission that the dismissal order must be challenged by a fresh writ petition, this Court disposed of the present writ petition, granting the petitioner liberty to assail the order of dismissal contained in Memo No. 940 dated 08.06.2024 passed by the District Magistrate, Vaishali.

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Detailed headnote1 paragraphs

PATNA HIGH COURT | CWJC No. 1934 of 2022 | Harish Kumar, J. | Decided 13-08-2024 (oral judgment). The petitioner, whose dismissal by order dated 04.04.2015 had been set aside by a coordinate Bench of this Court in CWJC No. 19034 of 2015 (order dated 12.07.2021) with directions to reinstate him and conduct a de novo enquiry within six months, sought a direction that his retiral benefits be paid. During the writ's pendency, GPF, Group Insurance and Leave Encashment were released, but gratuity and pension were withheld. Though the petitioner had already crossed superannuation in August 2020, the respondent authorities proceeded afresh on the same memo of charge and inflicted punishment of dismissal vide Memo No. 940 dated 08.06.2024 passed by the District Magistrate, Vaishali - contended to be wholly illegal and without jurisdiction. The State submitted that, the dismissal having been passed, it must be challenged by a fresh writ petition. Without adjudicating the rival contentions, the Court disposed of the writ petition with liberty to the petitioner to assail the dismissal order of Memo No. 940 dated 08.06.2024 in a fresh writ petition.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1934 of 2022

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

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Ramanand Singh Son of Late Genalal Singh, Resident of Village - Paigambarpur Bargama, Post Office - Sandho, Police Station and Block - Goraul, District - Vaishali.

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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 Panchayati Raj, Government of Bihar, Patna.

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The District Magistrate, Vaishali at Hajipur.

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The District Panchayati Raj Officer, Vaishali.

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The Block Development Officer, Mahua, District - Vaishali.

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The District Provident Fund Officer, Vaishali.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Adv. For the Respondent/s : Mr. Kumar Alok, SC 7 Mr. Prem Ranjan Raj, AC to SC 7 ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

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Date : 13-08-2024

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Heard Mr. Arun Kumar, learned Advocate for the petitioner and Mr. Prem Ranjan Raj, learned Advocate for the State.

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The petitioner has approached this Court seeking a direction upon the respondents to ensure payment of all his retiral benefits in view of order dated 12.07.2021 passed in CWJC No. 19034 of 2015 whereby the learned coordinate Bench of this Court while setting aside the order of dismissal dated 04.04.2015 had directed to reinstate the petitioner and remand back the matter to conduct de novo enquiry and complete the same within six months.

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Learned Advocate for the petitioner fairly contended that during the pendency of the writ petition, the petitioner has been allowed payment under the head of GPF, Group Insurance

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Patna High Court CWJC No.1934 of 2022 dt.13-08-2024 2/2

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and Leave Encashment, however, till date the petitioner has not been paid the gratuity and pension. It is further contended that despite the fact that the enquiry was to be completed within six months and the petitioner had already crossed the age of superannuation in August, 2020, the respondent authorities proceeded afresh in relation to the same memo of charge and inflicted punishment of dismissal vide Memo No. 940 dated 08.06.2024 which is wholly illegal and without jurisdiction; is the contention of the learned Advocate for the petitioner.

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At this juncture, learned Advocate for the State submits that since the order of dismissal has already been passed, the same is required to be challenged by filing a fresh writ petition.

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In view of the submission advanced on behalf of the respective parties, the present writ petition stands disposed of with liberty to the petitioner to assail the order of dismissal as contained in Memo No. 940 dated 08.06.2024 passed by the District Magistrate, Vaishali.

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(Harish Kumar, J)

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Anjani/-
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Uploading Date	14 .08.2024
Transmission Date

Ramanand Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramanand Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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