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Patna High CourtCWJC/13979/2010disposed

Nagina Sharma v. The Union Of India And ORS

2018-06-19Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13979 of 2010 ====================================================== Nagina Sharma S/o Late Jamun Sharma Present Additional District Magistrate (Bihar Admiinistrative Service), Buxar, Distt-Buxar, Permanent Address at Vill-Ghogipur, Via-Desari, P.S. Desari, Distt-Vaishali .... .... Petitioner/s

Versus

1. The Union of India through the Secretary (Telecom) Ministry of Communication and Information Technology Department New Delhi

2. The Chairman cum Managing Director , Bharat Sanchar Nigam Limited, B.S.N.L. Bhawan Harichandra Mathur Lane, Janpath, New Delhi

3. The Chief General Manager, Bharat Sanchar Nigam Limited B.S.N.L.Bihar Circle, Patna

4. The Chief General Manager, Telecommunication Bihar, Circle Post & Telegraph Department Patna

5. The General Manager, Telecommunication, Bihar Circle, Post &Telegraph Department Patna

6. The Post Master General, Indian Post and Telegraph Department Bihar Circle, Patna

7. The Chief Secretary, Personnel and Administrative Reforms Department, Personnel and Administrative Reforms Department, Personnel and Administrative Reforms Department of the State Govt. Of Bihar, Patna

8. The Deputy Secretary, Personnel and Administrative Reforms Department of the State Govt. of Bihar, Patna

9. The Deputy Secretary, Personnel and Administrative Reforms Department of the State Govt. Bihar, Patna

10. The Secretary, Finance Department of the State Government of Bihar, Patna

11. The District Magistrate Bhojpur at Ara

12. The District Magistrate Buxar .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Nil Kamal For the State : Mr. Harish Kumar, G.P.-8 For the Respondent Nos. 2 to 5: Mr. Anshuman Singh For the B.S.N.L. : Mr. Sachida Nand Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2018 The present petition has been filed for directing the respondents to count the initial service period from February, 1974 to 13th March, 1983 rendered with the government for the

Patna High Court CWJC No.13979 of 2010 (6) dt.19-06-2018 2/3 purposes of calculating full pension, gratuity etc. The brief facts of the case are that the petitioner joined the Bihar Administrative Service on the post of Deputy Collector on 15.3.1983 after relinquishing his previous service of Accounts Clerk in the Telecom Department of the Bihar, Patna where he was working in the month of February, 1974. The case of the petitioner is that his services rendered in the Telecommunication Department with effect from February, 1974 to 14.3.1983 should be added to the present service rendered under the Government of Bihar for the purposes of calculation of retiral dues. It is the contention of the petitioner that the petitioner is going to retire on 31.1.2011 and he apprehends that he would not get the full pension and gratuity.

The learned counsel for the respondent B.S.N.L. submits that the B.S.N.L. was constituted in the year 2000, hence they do not have any papers regarding the earlier service period of the petitioner herein.

Having regard to the facts and circumstances of the case, the petitioner, if so advised, may file a representation before the respondent no. 10 within a period of two weeks from today and in case such a representation is filed, the respondent no. 10 shall consider his representation for clubbing the earlier services rendered

Patna High Court CWJC No.13979 of 2010 (6) dt.19-06-2018 3/3 under the Post and Telecom Department for the purposes of calculation of the retrial dues, in accordance with law and pass a reasoned and speaking order within a period of four weeks thereafter.

The writ petition is disposed of.

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