Ram Prawesh Bhagat v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15472 of 2017 ====================================================== Ram Prawesh Bhagat Son of Late Depu Bhagat, resident of Village P.O. Dindir, P.S. Haspura, District- Aurangabad.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna 2.
The Principal Secretary, Public Health Engineering Department, Bihar, Patna.
3.
The Engineer in-Chief-Special Secretary Public Health Engineering Department, Bihar, Patna.
4.
The Chief Engineer, Department of Public Health Engineering Mechanical, Bihar, Patna.
5.
The Superintending Engineer, Public Health Engineering Circle, Gaya, Presently PH Engineering Circle, Gaya, presently as PH Engineering Circle, Sasaram 6.
The Executive Engineer, Public Health Division, Aurangabad. 7.
The Accountant General A and E, Bihar, Patna. 8.
The District Accounts Officer, Aurangabad.
9.
The Treasury Officer, Aurangabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Siyaram Pandey For the Respondent/s :
Mr.S. Raza Ahmad-Aag5 :
Mr. Alok Ranjan, AC to Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-02-2021 The present writ petition has been filed seeking a direction upon the respondents to pay the post retiral benefits to the petitioner as also benefits arising out of grant of 1st, 2nd and 3rd A.C.P./M.A.C.P.
The learned counsel for the petitioner has, at the outset, prayed that he may be granted liberty to approach the
Patna High Court CWJC No.15472 of 2017(6) dt.17-02-2021 2/2 competent authorities for the purposes of redressal of his grievances.
Per contra, the learned counsel for the respondents has referred to a judgment rendered by a co-ordinate Bench of this Court in C.W.J.C. no. 14293 of 2017 dated 09.07.2020 and has submitted that in an identical matter, it has been held that the services rendered by an employee under the Work Charge Establishment shall be taken into consideration for the purposes of calculating the services of the petitioner as pensionable, after calculating the same in 5:1 ratio and the entire period of service rendered by the petitioner in Work Charge Establishment shall not be considered for the purposes of grant of full pension. Having regard to the facts and circumstances of the case, the present writ petition stands disposed of as not pressed, however with liberty to the petitioner to approach the competent authorities for the redressal of his grievance, if any, regarding payment/ computation of post-retiral dues.
(Mohit Kumar Shah, J) rinkee/- U