Bechan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2987 of 2018 In Civil Writ Jurisdiction Case No.15687 of 2008 ====================================================== Bechan Ram S/o Late Asharfi Ram R/o Village Raipur, Post Office Raipur, Police Station Nanpur, District- Sitamarhi ... ... Petitioner

Versus

1.

The State of Bihar 2.

The State of Jharkhand 3.

Sri N.K. Agrawal Commissioner cum Secretary of Gramin Vikash Vibhag Rural Development Deptt. Vishwasaraiya Bhawan, Patna. 4.

Sri Bangali Ram, Deputy Secretary of Govt. of Bihar, Rural Development Deptt. Vishwaswaraya Bhawan Patna.

5.

Abhash Kumar Jha Dy. Development Commissioner-cum-Chief Executive Officer, Hazaribagh 6.

Sri Dhaneshwar Baitha, Engineer in Chief of Gramin Vikash Vibhag Nirmal Bhawan, Patna 7.

Sri Satya Narain Sah District Engineer District Board Hazaribagh 8.

Sri Arun Kumar Singh Accountant General Birchand Patel Path Patna 9.

Sri T.P. Sharma Treasury Officer Hazaribagh 10.

Sri A.K. Rajak Director Panchayati Raj Patna 11.

Sri Ravi Mittal Dy Commissioner Pakur 12.

Sri Radhey Shyam Bihari Singh Dy. Commissioner Pakur 13.

Sri Alok Vardhan Chatruvedi Dy. Commissioner Sahebganj. 14.

Sri Nirmal Vasuki Dy. Development Commissioner Pakur 15.

Sri Sujata Chaturvedi, Dy. Development Commissioner Sahebganj. 16.

Sri Navin Kumar Notified Executive Engineer, NREP Sahebganj. 17.

Sri Bharirath Ram Under Secretary of Govt. Dept. of Vishvasraiya Bhawan, Patna 18.

Sri Devendra Kishor Das, Joint Secretary, Road Construction Deptt. Patna. 19.

Treasure Officer, Sahebganj 20.

Sri Sisir Sinha, Secretary Road Construction Dept. Patna. 21.

Sri Ramashray Ram Superintending Engineer, Bhojpur Road Construction Deptt. Circle, Arah.

22.

Sri Ran Vijay Singh Technical Advisor of Superintending Engineer, Bhojpur Road Construction Deptt. Patna.

23.

Sri Jintendra Kumar Shrivastava District Magistrate, Bhojpur Arrah. 24.

Sri Arun Kumar Varnwal Treasury Officer Bhojpur Arrah. 25.

Sri Pramod Kumar Vidyarthi Chief Engineer, Central Design Organization, Road Construction Deptt. Patna.

Patna High Court MJC No.2987 of 2018(13) dt.29-03-2023 2/3 26.

Sri Bhola Ram, Under Secretary Road Construction Deptt. Patna. 27.

Sri Raj Kumar Singh at Present Secretary Road Construction Deptt. Patna. 28.

Sri Dev Kant Diwakar, The Dy. Secretary Cum Chief Vigilance Officer Road Construction Deptt. Patna.

29.

Sri Narain Jha Under Secretary Public Litigation Cell Road Construction Deptt. Bishwasraiya Bhawan, Patna.

30.

Sri Vijay Kumar Sinha, Deputy Secretary, Road Construction Deptt. Patna Bishwariya Bhawan, Patna.

31.

Sri Girish Shankar Principal Secretary, Cabinet Secretariat Patna. 32.

Sri Chitrnjan Singh Dy. Secretary of Chief Minister Secretariat Patna. 33.

Sri Amrit Lal Meena, Principal Secretary, Road Construction Department, Vishwasariya Bhawan, Patna.

34.

Sri Deepak Kumar Chief Secretary Govt. of Bihar, Old Secretariat, Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Sarvan Kumar, Adv.

For the State :

Mr. Jitendra Kumar AC to AAG-9 For the AG :

Mr. Bindhyachal Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General.

2. The opposite parties, by show cause, have reported compliance of the writ Court's order dated 27-03-2018. They have stated that the period of dismissal from 09-04-2008 till 31.01.2014 has been regularized treating the same as spent on duty period for all consequential benefits, subject to outcome of LPA No. 1545 of 2018. The petitioner, thereafter, has been asked to submit duly filled up pension papers so that necessary steps may be taken. The period from 31.01.1997 till 22.11.2005

Patna High Court MJC No.2987 of 2018(13) dt.29-03-2023 3/3 has been regularized as extraordinary leave for the purpose of pensionary benefits and leave admissibility report has been called for from the office of the Accountant General for taking further action in the matter. It has also been stated that salary for the period from April 2008 to January 2014 amounting to Rs. 14,66,096/- has already been paid to the petitioner. The authorities have also placed on record the fact that the BTC Form-56 has also been sent to the Superintending Engineer of the Road Construction Department for obtaining Authority letter for payment of GPF amount of the petitioner.

3. In view of the steps having been taken for compliance of order, subject to result of the LPA No. 1545 of 2018, and in view of the payments made, this Court would observe that no case is made out for contempt. Learned counsel for the petitioner submits that he would pursue the authorities to conclude the process initiated, which have been noted above.

4. With liberty as aforesaid, the application is disposed off.

(Madhuresh Prasad, J) shyambihari/- U