Kailash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18104 of 2021 ====================================================== Kailash Paswan S/o Baijnath Paswan, Resident of Maur, Nasratpur, Babhanbigha, P.S.-Babanbigha, Sheikpura, Bihar-8011101. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Additional Chief Secretary, Water Resources Department, Goverment of Bihar, Patna.

3.

The Chief Engineer (Mechanical), Water Resources Department, Government of Bihar, Patna.

4.

The Superintending Enginer (Mechanical), Irrigation Mechanical Circle, Muzaffarpur.

5.

The Executive Engineer Field Mechanical Division, Digha (Camp karbigahia) Patna.

6.

The Accountant Geenral, A and E, Bihar, Mahalekhakar Bhawan, Birchand Patel Path, Patna-800001.

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

For the Petitioner/s :

Ms. Roona, Advocate For the A.G.

:

Mr. Vivek Anand Kumar, Advocate For the Respondent/s :

Mr. Sanjay Prasad, AC to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 06-07-2023 Heard Ms. Roona, learned counsel appearing on behalf of the petitioner, Mr. Vivek Anand Kumar, learned counsel appearing on behalf of the Accountant General and Mr. Sanjay Prasad, learned AC to AAG-4 for the State.

2. Learned counsel appearing on behalf of the petitioner submits that petitioner was appointed in Work Charge Establishment and, thereafter, as per the common decision, the petitioner's services was taken into regular establishment.

Patna High Court CWJC No.18104 of 2021 dt.06-07-2023 2/3 Learned counsel further informs that the similar work charge employees, who were taken into regular establishment, have been given the benefit of pension and other retiral dues. The case of the petitioner is identical to those employees, who have been given benefit of pension and other retiral dues and on these grounds the petitioner seeks to file a detailed representation before the Additional Chief Secretary, Finance Department, Government of Bihar to decide the case of the petitioner in the light of law laid down by the Hon'ble Apex Court in the case of Uday Pratap Thakur and Anr. vs. The State of Bihar and Ors. passed in Civil Appeal No. 3155 of 2023 @ SLP (C) No.10653 of 2018, which was heard by the Hon'ble Supreme Court with other analogous cases and Judgment has been passed on 28.04.2023.

3. The Additional Chief Secretary, Finance Department, Government of Bihar must consider the service records relating to the petitioner in the light of the Judgment passed by the Apex Court in case of Uday Pratap Thakur and Anr. vs. The State of Bihar and Ors. (Supra) as well as in the case of Smt. Amrika Devi & Ors. vs. The State of Bihar & Ors. passed by the Full Bench of this Court reported in 2019 (4) PLJR 355 and take final decision with respect to the entitlement

Patna High Court CWJC No.18104 of 2021 dt.06-07-2023 3/3 of the petitioner for payment of full pension and its arrears along with applicable rate of interest on account of delayed payment within a period of four months. The Additional Chief Secretary, Finance Department, Government of Bihar must take notice of the fact that the petitioner is a retired person and before disposing of the representation of the petitioner, the petitioner must be given a prior notice to represent his case on any convenient date fixed by him.

4. With the above observations and directions, 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