Gauri Shankar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13874 of 2014 ====================================================== Gauri Shankar Jha son of Late Kamal Lochan Jha, Resident of villageBaithuli, P.s.- Baheri, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors Department of Rural Development, Government of Bihar, Old Secretariat, Patna 2.

The Secretary, Department of Rural Works Department, Government of Bihar, Old Secretariat, Patna 3.

The District Magistrate/Collector, Samastipur 4.

The Deputy Development Commissioner D.D.C. Samastipur Collectorate, Samastipur 5.

The Superintending Engineer, Rural Works Department, R.W.D., Samastipur 6.

The Executive Engineer, Rural Works Department R.W.D., Dalsingsarai, Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Respondent/s :

Mr.Sc23 Kumar Priya Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-07-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Petitioner's claim in the instant proceedings is that he was working in the respondent-corporation since 25.09.1981. However, service has been counted with effect from 08.06.1990 to determine his retiral dues.

He submits that length of service between 25.09.1981 to 08.06.1990 should be taken into consideration. Respondents have filed a counter affidavit. It is their

Patna High Court CWJC No.13874 of 2014(2) dt.30-07-2019 2/2 specific stand that neither service book of the petitioner shows the date of initial appointment in the respondent- corporation since 25.09.1981 nor petitioner has produced any document in respect of counting his service from 25.09.1981 to 08.06.1990. In the circumstance, petitioner cannot claim benefit of length of service to be counted or determined his retiral dues. Counsel for the petitioner submits that the petitioner would approach the authority in respect of said claim along with contemporaneous documents in support of the said claim. Writ petition is disposed of with liberty to the petitioner to approach the respondent-authorities with contemporaneous documents in support of his claim. (Madhuresh Prasad, J) s.hassan/- U