Ram Sagar Dwivedi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7094 of 2017 ====================================================== Ram Sagar Dwivedi Son of late Deuta Dwivedi Resident of Village- Padar Khap, P.S. Bhairoganj, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Engineer, Building Construction and Housing Department Bihar, Patna.

3.

The Executive Engineer, South Bihar Anchal Public Works Department P.W.D., Patna.

4.

The Awar Pramandal Officer, Golghar R-Block Awar Pramandal, Patna, Bihar.

5.

The Executive Engineer, Construction Division No. 2 Buidling Construction and Housing Department, Patna 6.

The Executive Engineer, Patliputra Building Division, Patna, Bihar. 7.

The Account General, Bihar, Patna.

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

For the Petitioner/s :

Mr.Anil Kumar Mishra For the Respondent/s :

Mr.Amit Prakash, GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2019 The present writ petition has been filed for grant of retiral dues pending with the Department for the period 10.04.1973 to 1988, during which period the petitioner had worked on muster roll. It has further been prayed to grant benefit of matric passed or equivalent qualification. The learned counsel for the respondents has submitted by referring to the counter affidavit filed on behalf of the respondent State that for the period during which the

Patna High Court CWJC No.7094 of 2017(6) dt.18-09-2019 2/3 petitioner had worked on muster roll, apart from G.P.F. nothing is payable and the deductions made pertaining to provident fund during the period when the petitioner had worked as Work Charged Employee i.e. 1974-75 to 1987-88, has already been calculated and a sum of Rs. 6,206/- along with interest has been sanctioned and the payment would be made soon. As regards the other prayer, the respondents have explained about the same in paragraph-8 of the counter affidavit, which reads as follows:- "8. That the statement contained in paragraph 10 of the writ application it is sated and submitted that in view of resolution no. 335 dated 16.09.1992 of the Personnel and Administrative Reforms Department the competent authority, Commissioner had made roaster clearance for the appointment of Class-III till 1995 on the post of correspondence clerk and account clerk from the working Class-IV government servants vide letter no. 394 dated 12.09.1994.

After roaster clearance the departmental examination of Class-IV employee was conducted for the appointment of vacant post of Class-III and thereafter a merit list was prepared on 21.11.1994 in which till 04.041995 from the merit list of Account Clerk the employees at Sl. No. 1 to 15 were appointed and from the merit list of Correspondence Clerk 17 candidates were appointed in accordance with roaster.

Remaining candidates were in waiting list. The petitioner was at Sl. No. 96 in the merit

Patna High Court CWJC No.7094 of 2017(6) dt.18-09-2019 3/3 list. In this regard, an information has been given to the then Chief Engineer (Building) South Bihar, Building Construction & Housing Department by the then Superintending Engineer, South Bihar Circle, Patna vide letter no. 4803 dated 30.12.1996.

In the meantime, the Personnel and Administrative Reforms Department came with resolution no. 11243 dated 06.12.1995 with regard to appointment of Class-III employee wherein it was resolved that for the appointment of Class-III post from Class-IV employee the competitive examination will be conducted by the Bihar Public Service Commission and on that basis the recommendation will be made for the appointment. As such the petitioner did not get the benefit of promotion from the post of ClassIV to Class-III. The petitioner has already retired on 31.07.2010."

Having regard to the submissions made by the respondent-State, this Court finds that nothing survives for consideration in the present writ petition.

Accordingly, the same stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U