Md. Serajuddin, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9980 of 2019 ====================================================== Md. Serajuddin, Son of Late Md. Subejan, Resident of Mohalla- Millat Nagar (Baoli), Police Station- and P.O. Phulwari Sharif, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner cum Secretary, Road Construction Department, Vishesheria Bhawan, Bailey Road, Patna. 2.

The Commissioner cum Secretary, Road Construction Department, Vishesheria Bhawan, Bailey Road, Patna.

3.

The Engineer-in-Chief, Road Construction Department, Vishesheria Bhawan, Bailey Road, Patna.

4.

The Executive Engineer, Bridge Design Division No. 3, Advance Planning Road Construction Department Bihar, Patna/Executive Engineer Planning Resources and management Division, Head Quarter No. 1 Rural Works department, Bihar, Patna.

5.

The Director cum Joint Commissioner, Account Administration Directorate Provident Fund, Patna.

6.

The Director, Primary Education, Human Resources Development Department, Bihar, Patna.

7.

The District Provident Fund Officer, Bihar, Patna. 8.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigank Mauli, Advocate Mr. Prince Kumar Mishra, Advocate Mr. Syed Md. Najmul Bari, Advocate For the Respondent/s :

Mr. Syed Iqbal Ahmad (Sc20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-01-2021 Mr. Mrigank Mauli assisted by Mr. Prince Kumar Mishra, learned counsel appearing on behalf of the petitioner submits that the respondents have accepted the service rendered by the petitioner for the period 1979 to 1990 but the consequential monetary benefits has not been given to the petitioner. The claim of the petitioner with regard to the services

Patna High Court CWJC No.9980 of 2019(5) dt.13-01-2021 2/2 rendered with the Central Government prior to 1979 has been rejected by the Central Government.

The question with regard to services rendered by the petitioner for the period prior to 1979 is a separate cause of action.

Under the aforesaid circumstances, while directing the respondents to ensure payment of all the legitimate dues of the petitioner for the period 1979 to 1990, the petitioner is granted liberty to assail the validity of the decision rejecting the benefit of service rendered by the petitioner prior to 1979 with the Central Government in appropriate proceeding. The respondents are, accordingly, directed to make payment of all the legitimate dues of the petitioner for the period 1979 to 1990 within a period of three months from the date of receipt/production of a copy of this order failing which the entire arrears will carry interest at the rate of 9% from today. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U