Parmanand Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.97 of 2016 Arising out of Civil Writ Jurisdiction Case No. 20813 of 2013 Along with Interlocutory Application No. 340 of 2016 =========================================================== Parmanand Pandey, S/o Late Ambika Pandey, Resident of Mohalla- Laxminarayan Nagar Bela, P.O. R.K. Ashram Bela, Police Station - Mithanpura, District - Muzaffarpur .... .... Appellant

Versus

1. The State of Bihar through the Principal Secretary, Secondary Education, Human Resources Department, Government of Bihar, Patna

2. The Director, Secondary Education, Government of Bihar, Patna

3. The Regional Deputy Director of Education, Darbhanga

4. The District Magistrate, Madhubani

5. The District Education Officer, Madhubani

6. The District Program Officer (Establishment), Madhubani

7. The Block Education Extension Officer, Babu Barhi, District - Madhubani

8. The Accountant General (A & E), Birchand Patel Path, Patna, Bihar. .... .... Respondents =========================================================== Appearance:

For the Appellant/s : Mr. Binod Kumar Singh, Advocate. Miss Vagisha Pragya, Advocate.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 19-11-2016 Re.: I.A. No. 340 of 2016 This application is for condonation of delay of 1 year 102 days in filing the Letters Patent Appeal. For the reasons mentioned in the Interlocutory application, we are satisfied that the appellants have shown sufficient cause to seek condonation of delay of 1 year 102 days in filing the

Patna High Court LPA No.97 of 2016 dt.19-11-2016 2/3 present Letters Patent Appeal.

Consequently, Interlocutory Application No. 340 of 2016 is allowed and delay of 1 year 102 days in filing the Letters Patent Appeal is condoned.

Re.: L.P.A. No. 97 of 2016 The order dated 21.07.2014 is the subject matter of challenge in the present Letters Patent Appeal whereby, the writ applicant claiming retiral benefits of his mother who retired on 31.12.1994 by way of filing writ application was dismissed. After retirement on 31.12.1994, the mother of the appellant died in the year 2009. The appellant filed the present writ application to claim the revised pensionary benefits through a writ application filed in the year 2013.

Learned counsel for the appellant points out that the representation of his mother was accepted partly and the pay was refixed, but the pensionary benefits were not revised. If that be so, the grievance could be raised by the mother of the appellant during her lifetime. She never invoked the jurisdiction of this Court. After her death in the year 2009, the writ application was filed in the year 2013.

We find that the present writ application was filed due to greed to seek revised pensionary benefits payable to his mother

Patna High Court LPA No.97 of 2016 dt.19-11-2016 3/3 though the mother never claimed pensionary benefits in her life time. The claim is hopelessly delayed and lacks bona-fide as well. In view thereof, the present Letters Patent Appeal is dismissed.

(Hemant Gupta, ACJ) (Vikash Jain, J) Mishra AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 22.11.2016 Transmission Date