Upendra Sharma, v. The State Of Bihar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6028 of 2022 ====================================================== Upendra Sharma, S/o Sri Ram Swaroop Singh, R/o Village-Raily, P.S.- Belaganj, District - Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar, through the Principal Secretary, Department of Health, Government of Bihar, Patna.
2.
The Director in Chief (Disease Control, Public Health, Para Medicals), Health Services, Bihar, Patna.
3.
The Civil Surgeon Cum Chief Medical Officer, Aurangabad. 4.
The Incharge Medical Officer, Primary Health Centre, Nabinagar, Aurangabad.
5.
The Incharge Medical Officer, Primary Health Centre, Goh, Aurangabad. 6.
The District Provident Fund Officer, Aurangabad. 7.
The Treasury Officer, Aurangabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Kumar, Advocate For the Respondent/s :
Mr. Mujtabaul Haque, GP-12 Mr. Vastant Vikash AC to GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 03-09-2024 Heard Mr. Shiv Kumar, learned counsel for the petitioner and learned counsel for the State.
2. The petitioner by invoking the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India, has preferred this writ application seeking a direction upon the respondent authorities to ensure payment of Group Insurance and General Provident Fund to him along with up-todate statutory interest till the date of payment, in light of the
Patna High Court CWJC No.6028 of 2022 dt.03-09-2024 2/3 letter no.571(4) dated 01.07.2020, issued by the Director in Chief (Disease Control, Public Health Para Medicals) Health Services, Bihar (Annexure-2 to the writ petition).
3. Learned counsel for the petitioner, though initially prayed for other retiral benefits, however, in view of the fact that termination of the petitioner and other identically situated persons has been upheld by the Hon'ble Apex Court in Civil Appeal No. 7879 of 2019 and other analogus cases, he is not pressing the prayer with regard to the other retiral benefits, e.g. Pension and Gratuity. It is further contended that other similarly situated persons who were also party to the litigation even before the Hon'ble Supreme Court, they have been allowed the benefits of Group Insurance as well as General Provident Fund. Many of the orders of this Court have been produced before this Court in order to strengthen and reinforce his submission that others have been allowed similar benefits in the light of the letter no.571(4) dated 01.07.2020.
4. On the other hand, learned counsel for the State referring to the averments made in the counter affidavit has submitted that since the very appointment of the petitioner has been found to be illegal and void ab initio and that has been affirmed up to the Hon'ble Apex Court, the petitioner is not
Patna High Court CWJC No.6028 of 2022 dt.03-09-2024 3/3 entitled for any benefit.
5. Having heard the contentions of learned counsels for the respective parties and taking note of the intent of letter no.571(4) dated 01.07.2020, which still holds the field and this Court finds it in consonance with the statutory rules which govern the Provident Fund and Group Insurance as also the fact that identically situated persons who were party to the litigation before the Hon'ble Apex Court, despite their affirmation of dismissal by the Hon'ble Apex Court, they have been allowed the benefits; and this fact has also not been disputed. In view thereof, this Court has left with no option but to direct respondent no.3, the Civil Surgeon cum Chief Medical Officer, Aurangabad, to ensure payment of aforesaid GPF amount along with up-to-date interest as well as Group Insurance amount within a period of six weeks from today.
6. The writ petition stands disposed of with the aforesaid direction.
(Harish Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04-09-2024 Transmission Date