The Union Of India v. Shankar Raut

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4919 of 2020 ====================================================== 1.

The Union of India through the Secretary cum DG, Department of Post, New Delhi- 110001.

2.

The Chief Postmaster General, Bihar Circle, Patna- 800001. 3.

The Postmaster General, Northern Region, Muzaffarpur- 842001. 4.

The Director of Postal Services, Northern Region, Muzaffarpur- 842001. 5.

The Director of Accounts (P), Patna GPO Campus, Patna- 800001. 6.

Superintendent of Post Offices, Champaran Division, Motihari. ... ... Petitioner/s

Versus

Shankar Raut Son of Late Banshi Raut Resident of Village and POMishraulia, P.S.- Chiraiya, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Verma, Advocate For the Respondent/s :

Mr. Sujeet Kumar Sinha, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 05-04-2023 Service of notice to the contesting respondent -Shankar Raut is complete. Since there is no representation, matter is taken up for final disposal.

Learned counsel for the petitioner-Union of India fairly submitted that this Court in identical matter decided the matter in favour of the respondent therein. Accordingly, the present petition stands disposed of in terms of order dated 08.12.2022 passed in C.W.J.C. No. 7760 of 2015. Respondent is awaiting for certain monetary benefits

Patna High Court CWJC No.4919 of 2020(4) dt.05-04-2023 2/2 for more than decade. Therefore, petitioner-department is hereby directed to calculate monetary benefits in the light of Sub Rule 2 of Rule 10 of Temporary Service Rules and Central Civil Services (Temporary Service Rules, 1965), (for short Rules, 1965) and the same shall be extended to the respondent within a period of three months from the date of receipt of this order, along with interest @ 8% per annum from the date on which it was due to the respondent, in the light of Apex Court's decision in the case of Vijay L. Mehrotra v. State of U.P. reported in (2001) 9 SCC 687.

Accordingly, present writ petition stands dismissed. (P. B. Bajanthri, J) (Arun Kumar Jha, J) shoaib/- U