The State Of Bihar And ORS v. Smt. Jyotsna Ghosh And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1562 of 2014 IN Civil Writ Jurisdiction Case No. 4582 of 2007 ===========================================================

1. The State of Bihar through the Agiculture Producation Commissioner, having his office in Vikas Bhawan, Police Station, Sachivalaya, District - Patna.

2. The Director, Agriculture Department, having his office in Vakas Bhawan, Police Station, Schivalaya, District- Patna.

3. The Joint Director, Agriculture (Engineering), Bihar Patna having his office in Mithapur Farm, Police Station Jakkanpur, District- Patna.

4. The District Agriculture Officer, Munger, District - Munger.

5. The Treasury Officer Munger, having his office in Collectorate Compound, Munger.

6. The Deputy Director (Administration), Bihar Patna, Agriculture Department, having his office in Vikas Bhawan, Police Station - Sachivalaya, District- Patna. .... .... Appellant/s

Versus

1. Smt. Jyotsna Ghosh, about 47 years, Wife of Late Sunil Kumar Ghosh, Resident of C/o Sri Krishna Ghosh, Road No. 1, Yarpur, Police Station - Gardanibagh, District - Patna.

2. The Accountant General (Accounts and Entitlement) Bihar, Patna having his office in Birchand Patel Path, Police Station Kotwali, District - Patna. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr.

For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 21-11-2017 None appears for the appellants, though learned counsel for the Accountant General is present. This is an appeal by the State Government seeking exception to an order dated 28.11.2013 passed by the writ court in allowing the writ petition (C.W.J.C. No. 4582 of 2007) directing for accounting the service rendered by the petitioner's husband in the Corporation, in question, and by counting the period to grant pensionery benefit.

Patna High Court LPA No.1562 of 2014 dt.21-11-2017 2/2 On a perusal of order passed by the Writ Court, we find that the petitioner's husband was initially working in the Corporation. After orders passed by the State Govenrment, he was absorbed in the Agriculture Department and while calculating the post retiral benefits, when the services rendered in the Corporation was not being accounted, the writ petition in question was filed. The learned Writ Court found that there are various orders passed in the case of similarly situated employees wherein in terms of the notification issued by the State Government it has been held that the services rendered in the Corporation has to be accounted for computing pension and family pension and taking note of the benefits granted to similarly situated various other employees, writ petition has been allowed.

In our considered view, in doing so, the learned Writ Court has not committed any error warranting reconsideration into the matter.

Accordingly, the appeal stands dismissed.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.12.2017 Transmission Date NA