Biswanath Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2589 of 2012 ====================================================== Biswanath Choudhary S/O Late Jhagru Choudhary Present Resident At Mohalla- Rajapur, P.S.- Sri Krishnapuri, District- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar Through Principal Secretary Rural Development Department, Govt. Of Bihar, Patna

2. District Magistrate, Patna

3. The Deputy Development Commissioner, Patna District, Patna

4. The Director, District Rural Development Agency, Patna, Distt.- Patna

5. The Deputy Collector, Establishment, Patna, District - Patna

6. The Deputy Secretary Rural Development Department, Government Of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Singh, Advocate For D.R.D.A. : Mr. Nikesh Kumar For the State : Mr. Biresh Kumar Sinha, A.C. to AAG-II ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 28-09-2015 Heard learned counsel for the parties.

The petitioner has moved this Court for a direction to the respondents to pay his retiral dues, including gratuity. It appears that the petitioner was an employee under the District Rural Development Agency, Patna and as per the stand of the respondents he, not being a government servant, is not entitled to gratuity. However, the leave encashment due to him has been paid.

Learned counsel for the petitioner submits that various persons under other District Rural Development Agency have

Patna High Court CWJC No.2589 of 2012 (10) dt.28-09-2015 been paid gratuity also, whereas it is being denied to the petitioner. Learned counsel for respondents No. 3 and 4 relies upon the supplementary counter affidavit and submits that the State Government has directed to all the Deputy Development Commissioners that the Agency is a registered society and the employees posted there are not government servants and thus pension/gratuity as well as A.C.P. benefits are not due to them. In view of the aforesaid position, till the time, the petitioner gets a declaration in his favour that either he is a government servant or is entitled to gratuity under any Statute, no positive direction can be issued in his favour. Accordingly, the writ petition stands disposed off.

However, the petitioner shall be at liberty to assail the stand of the State Government directing the Agency not to make payment of pension/gratuity and also grant of A.C.P. benefits to such persons including the petitioner or for a declaration to the effect that the petitioner is also entitled for gratuity under the Payment of Gratuity Act, 1972 before the appropriate forum in accordance with law.

V.P.Sinha/- (Ahsanuddin Amanullah, J) U