Patna High CourtCWJC/19081/2017disposed

Mohan Kumar D. @ Mohan Kumar Divakaran And ANR v. The State Of Bihar And ORS

2018-09-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19081 of 2017 ======================================================

1. Mohan Kumar D. @ Mohan Kumar Divakaran S/o Late Divakaran, K.P. Permanent Resident of Chempakasseril House, P.O.-Kavalam, P.S.- Kainady, District-Alappuzha, State-Kerala Presently residing at Laxmi Complex, Flat No. 204, New Yarpur Road No. 1, (DVC Road), P.O.-GPO. P.S.-Gardanibagh, District-Patna. 800001.

2. Suresh Prasad Singh S/o Late Jagdish Singh, Resident of VillageNabinagar, P.O.-Tungi, P.S.-Deepnagar, District-Nalanda, at Present residing at House No.4, Road No.4, East Patel Nagar, P.O. + P.S.-Shastri Nagar, Patna-800023 .... .... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary Government of Bihar, Patna.

2. Principal Secretary, Department of Home, Government of BIhar, Old Secretariat, Patna.

3. Principal Secretary, Department, of Finance, Government of BIhar, Old Secretariat, Patna

4. Principal Secretary, General Administration Department, Old Secretariat, Patna

5. Managing Director, Bihar, State Sugar Corporation Ltd. Udyog Bhawan, Gandhi Maidan, Patna.

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

For the Petitioner/s : Mr. Chittram Singha, Senior Advocate Mr. Surya Nilambari, Advocate For the Respondent/s : Md. Nadeem Seraj -GP5 ===================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

A supplementary counter affidavit has been field by the State in which the office order dated 07.07.2018 attached and from the reading of the said letter it appears that the petitioner has been regularized w.e.f. 11.02.1999 that is the date of deputation but a

Patna High Court CWJC No.19081 of 2017 (4) dt.13-09-2018 2 /2 grievance has been raised that the letter does not speak as to whether period will be treated for pensionary and other benefits. It goes without showing that if the petitioner has been regularized from 11.02.1999 the entire period will be taken into consideration for the purposes of pensionary and other benefits, alike other employees.

With the aforesaid observations and directions this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny U