Ram Chandra Lal v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11820 of 2014 ====================================================== Ram Chandra Lal S/o Late Asharfi Lal Das resident of village - Budhkara, P.S. Katra, Distt. - Muzaffarpur, presently at 'Shree Niwas' P.S. and P.O. Barh, Distt. - Patna (since dead) through his legal representative:
1. Smt. Shailbala, wife of Late Ram Chandra Lal,
2. Mr. Manoj Kumar Lal, son of Late Ram Chandra Lal Both are r/o Shree Nieas, near Savera Cinema Hall, Barh, P.O and P.S.: Barh, District- Patna.
3. Smt. Seema Rani, W/o Sri Gopal Krishan labh.
4. Smt. Divya Rani, W/o Sri Harinam Dass Sl. No. 3 and 4 are r/o Chankya Vihar, P.S..: Muzaffarpur Sadar, DistrictMuzaffarpur.
5. Smt. Toshi Kumari, W/o Sri Satish Chandra Dass, R/o: Kaidrabad, P.S.: Naka No. 1, Distt.: Darbhanga.
Sl. No. 3 to 5 are daughter of Late Ram Chandra Lal. ... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Patna.
2. The Principal Secretary, Co - operative Department, Vikash Bhawan, Bihar, Patna
3. The Registrar, Co - operative, Bihar, Patna
4. The Joint Registrar, Head Quarter and Special Cell, Co-operative Deptt. Bihar, Patna
5. The Bihar Public Services Committee, Bihar, Patna through its Chairman ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashish Kr. Sinha No. 2, Advocate.
Mr.Om Prakash Agrawal For the Respondent/s :
Mr.Prashant Kumar Chaudhary, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 11-02-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. Pursuant to an order dated 19.12.2013 passed in 12376 of 2006, earlier writ petition of the petitioner, the Principal Secretary to the Government of Bihar in the Co-operative Department has passed order on Service Appeal No. 01 of 2014
Patna High Court CWJC No.11820 of 2014 dt.11-02-2019 2/3 on 12.05.2014 rejecting the claim of the petitioner for any other benefits or grant of promotional benefits from earlier dates. The Principal Secretary has passed a reasoned and speaking order referring to punishment inflicted upon the petitioner while in service. The Principal Secretary has, after detailed consideration, arrived at a conclusion that petitioner has been paid whatever was due to him and no further dues are outstanding against him.
3. During the pendency of the writ petition, original writ petitioner has passed away on 08.03.2018. I.A.No. 4325 of 2018 has been filed for substitution of the legal heirs of the petitioner. The same is allowed. Let the name of the legal heirs of the petitioner be substituted in place of the petitioner.
4. Learned counsel for the petitioner, however, has not been able to make any submission to show that order dated 12.05.2014 passed by the Principal Secretary to the Government of Bihar in the Co-operative Department suffers from any legal infirmity or that the petitioner would be entitled to any benefit more than what has been concluded in the order dated 12.05.2014 passed in Service Appeal No. 01 of 2014, impugned in the instant writ petition.
5. The original writ petitioner had taken voluntary
Patna High Court CWJC No.11820 of 2014 dt.11-02-2019 3/3 retirement in the year 1998 and after that whatever dues found admissible to the petitioner have already been paid. The claim of the original petitioner for benefits more than what has been allowed to the original petitioner, has been rejected by a detailed and considered order dated 12.05.2014 as such there is no occasion for this Court to interfere with the order passed by the Principal Secretary dated 12.05.2014. Accordingly, the writ petition is dismissed being devoid of merit.
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