Patna High CourtL.P.A/275/2017dismissed

Md. Shani Khan v. The State Of Bihar And ORS

2018-04-25Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.275 of 2017 In Civil Writ Jurisdiction Case No. 10037 of 2015 ====================================================== Md. Shani Khan, S/o Late Abdul Karim Khan, residence of Block Office, Chakiya, P.S. Chakiya, District- East Champaran. .... .... Appellant/s

Versus

1. The State of Bihar through Chief Secretary Co-operative Department Government of Bihar, Patna.

2. The Chief Secretary Co-operative Department, Bihar, Patna.

3. The Principal Secretary, Human Resources Department, Government of Bihar, Patna.

4. The Joint Secretary, Human Resources, Department, Government of Bihar, Patna.

5. The Secretary, Personal and Administrative Reforms Department Government of Bihar, Patna.

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

For the Appellant/s : Mr. Aditya Narayan Singh-1 For the Respondent/s : Mr. Raj Ballabh Pd. Yadav- Aag11 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 25-04-2018 Heard counsel for the appellant and counsel for the State.

Having perused the impugned order dated 20.08.2016, besides reason which has been provided by the learned Single Judge in dismissing the writ application, this Court would also like

Patna High Court LPA No.275 of 2017 (10) dt.25-04-2018 2/2 to add that since Paid Managers were employees of the Primary Agriculture Cooperative Society they cannot be treated to be state by any interpretation of law. The period the appellant spent as Paid Manager in PACS can never be counted for the purposes of pension etc. merely because as a policy decision they came to be subsequently appointed or absorbed on some post in the State of Bihar keeping in mind the certain directions issued by the Hon'ble Apex Court.

There is no infirmity in the impugned order which requires rectification.

Appeal is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) U Devendra/-