Munnu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10651 of 2020 ====================================================== Munnu Pandit Son of Late Antu Lal Resident of Mohalla - Durgacharan Lane, P.O. - Gulzarbagh, P.S. - Alamganj, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Director, Land Records and Survey Department of Revenue and land Reforms Government of Bihar, Patna.

4.

The Assistant Director, Department of Revenue and Land Reforms, Government of Bihar, Patna.

5.

The Land Reform Commissioner-cum- Commissioner and Secretary, Bihar, Patna.

6.

The District Magistrate Patna, District- Patna. 7.

The Deputy Director, Bihar Survey Office, Gulzarbagh, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Respondent/s :

Mr. Ajay Kumar Singh, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 05-07-2023 Heard Mr. Mrityunjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar Singh, learned AC to AAG-12 appearing on behalf of the State.

2. Learned counsel appearing on behalf of the State informs this Court that petitioner will be paid other dues on account of his long service as well as on account of his services rendered in regular establishment from 08.08.2006, however, has denied that the period of service rendered in regular

Patna High Court CWJC No.10651 of 2020 dt.05-07-2023 2/3 establishment do not render the petitioner eligible for pension and other retiral dues.

3. The record reveals that petitioner was engaged continuously from 1982 on different sanctioned posts, however, due to certain reasons, the petitioner was disengaged in the year 1991 and thereafter he was again reengaged. Admittedly, fresh advertisement was issued in the year 1999 and certain development took place with respect to the petitioner and similarly situated employee, however, in compliance of order of this Court passed in CWJC No. 5591 of 1999 on 10.12.2004, the petitioner has filed representation before the concerned Authority and reasoned order had been passed on 29.07.2006, thereafter, the petitioner was taken into regular establishment with effect from 08.08.2006. After completing due age of retirement, the petitioner retired on 31.05.2016.

4. Considering the aforesaid fact and development which has taken place in the case of the petitioner, the petitioner has admittedly not challenged the order dated 08.08.2006. He is at liberty to take liberal course for claiming his bona fide that his part services rendered as a daily wager on the duly sanctioned post on different establishment he has also taken into consideration.

Patna High Court CWJC No.10651 of 2020 dt.05-07-2023 3/3

5. The petitioner may avail appropriate forum in respect of redressal of his grievance.

6. This writ petition is disposed of with a direction that the other dues admissible to the petitioner must be paid within a period of four weeks from the date of passing of this order considering the fact that petitioner was engaged regularly on the sanctioned post and subsequently regularized from 08.08.2006.

7. With the above observation and direction the present writ petition stands disposed of.

(Purnendu Singh, J) Manish/- Minu/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.07.2023 Transmission Date NA