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Patna High CourtCWJC/17918/2016dismissed

Charan Paswan v. The State Of Bihar And ORS

2018-09-13Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 17918 of 2016 =========================================================== Charan Paswan, Son of Late Jungi Paswan, Resident of Village- Ekara, P.O. Thathan Bujurg, P.S. Hajipur Sadar, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Patna.

2. The Deputy Secretary, Road Construction Department, Government of Bihar, Patna.

3. The Superintending Engineer, R.C.D., Saran Road Circle, Hajipur.

4. The Assistant Engineer, R.C.D., Road Sub-Division, Hajipur.

5. The Executive Engineer, R.C.D., Road Circle, Chhapra.

6. The Accountant General, Bihar, Patna.

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

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 13-09-2018 Nobody appears on behalf of the petitioner. Learned counsel for the State has assisted the Court.

2. Counter affidavit has been filed on behalf of the Accountant General and the State. In the counter affidavit of the State, it has been explained that the pensionary benefits of the petitioner have been fixed/calculated on the basis of the circular/resolution of the State Government which provides for counting of one year of regular service against three years of work charge employment and in the event the minimum pensionary service of 10 years is not completed, the period under work charge could be added to fill the gap of ten years.

Patna High Court CWJC No.17918 of 2016 dt.13-09-2018 2/2

3. Learned counsel for the State submitted that in terms of the said policy/scheme of the State Government, the petitioner has been rightly paid his dues. Learned counsel further submitted that the petitioner has also not given a single example of a similarly situated person in whose case, the authorities had taken a different stand or have fixed an amount more than that of the petitioner.

4. Having regard to the materials on record and also the fact that nobody has appeared to press the writ application, the same stands dismissed.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U