Ganesh Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1332 of 2017 IN Civil Writ Jurisdiction Case No. 9028 of 2015 =========================================================== Ganesh Sharma, Son of Late Yaumna Sharma, Resident of Village- Alhanparasi, Post Office- Singharih, Police Station- Goh, District- Aurangabad, at present Adarsh Colony, Sarbodaya Nagar near Malti Kunj, Aurangabad, Post Office, Police Station and District- Aurangabad (Bihar).

.... .... Appellant/s

Versus

1. The State of Bihar through its Secretary, Department of Cooperative, Government of Bihar, New Secretariat, Bailey Road, Patna.

2. The Registrar, Cooperative Societies, Bihar, Patna New Secretariat, Bailey Road, Patna.

3. The Regional Commissioner, Provident Fund Organization, R- Block, Patna.

4. The District Central Cooperative Bank, Aurangabad through its Managing Director.

5. The Managing Director, District Central Cooperative Bank Aurangabad.

6. The Board of Directors, District Central Cooperative Bank, Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Shailendra Kumar For the Respondent/s : Mr. RAJ BALLABH PD.SINGH -AAG11 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 03-05-2018 Heard counsel for the appellant and counsel for the respondents.

Since PACS Managers were not government servants but an employee of Primary Agriculture Cooperative Society and it was

Patna High Court LPA No.1332 of 2017 dt.03-05-2018 2/2 only because of a judicial order that the PACS Managers, who came to be removed for one reason or the other were directed to be accommodated and appointed either under the State or by the Bank. It does not mean that the service rendered by them even in the cooperative society has to be included and calculated for the purposes of grant of pension to them after their superannuation. It is only the period they have worked under the Bank which alone can be counted and calculated for retiral dues and not the period when they have worked as PACS Managers in different cooperative societies.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Devendra/Arjun AFR/NAFR NAFR CAV DATE NA Uploading Date 05.05.2018 Transmission Date NA