Rajyabardhan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.606 of 2024 ====================================================== 1.

Rajyabardhan Sharma S/o Late Awadh Bihari Singh, Residing at 105 Shiv Lok Apartment, Adarsh Path-1, West Patel Nagar, Opposite Lal Babu Market, P.S.- Shastri Nagar, District- Patna, PIN- 800023. 2.

Ashok Kumar, S/o Late Shiv Balak Singh, Residing at 302, Surya Sharda Villa, New Punaichak, near Dr Bhagat Singh Clinic, P.S.- Shastri Nagar, District- Patna, PIN- 800023.

3.

Ravi Ranjan, S/o Late Ambika Prasad, House No. 7, Opposite Shahron's Public School, Guru Sahay Lal Nagar, P.S.- Rajeev Nagar, District- Patna, PIN-800025.

4.

Md Nashad Yusuf, S/o Md Yusuf Hasan, Noor Apartment, Flat No. 201, new Patliputra Colony, In front of Masjid, P.S.- Patliputra, District- Patna, PIN800013. 5.

Yogendra Bhakta, S/o Late Kalatu Bhakta, Residing at B3/1 near Shiv Mandir, Purnendu Nagar, Phulwari Sharif, PS- Phulwari Sharif, DistrictPatna, PIN- 801505. 6.

Rajendra Prasad Gupta, S/o Mishri Lal Gupta, Flat No.- 401, Maa Shambhavi Vatika, Raja Bazar, North 38 Pillar, Bailey Road, P.S.- Shastri Nagar, District- Patna, PIN- 800014.

7.

Shah Nawaz Khan, S/o Late Moinuddin Khan, A/15, Road No. F-2, Alinagar Colony, Anisabad, P.S.- Gardanibagh, District- Patna, PIN- 800002. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

3.

Additional Secretary, General Administration Department, Bihar, Patna. 4.

Principal Secretary, Finance Department, Govt. of Bihar, Patna. 5.

Principal Accountant General (A and E), Bihar Veerchand Patel Road, Patna. 6.

Senior Deputy Accountant General, Bihar, Patna. 7.

Senior Accounts Officer, Office of the Principal Accountant General (A and E), Bihar.

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

For the Petitioner/s :

Mr.Prisu Snehil, Adv.

For the State :

Mr.S.D. Yadav (AAG9) For the A.G.

:

Mr. S.D. Yadav, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

Patna High Court CWJC No.606 of 2024(4) dt.04-12-2025 2/3 04-12-2025 Heard learned counsel for the parties.

2. Learned counsel for the petitioners is directed to make necessary correction in the prayer portion of the of the writ petition in course of the day.

3. Interlocutory application bearing I.A. No. 1 of 2024 has been filed by the intervenor who is said to be similarly situated and submits that the benefits for which the writ petition has been filed, the intervenor is having similar grievances and in case of adjudication being made in favour of the petitioners, similar benefits may also be directed to be extended in favour of the intervenor petitioner.

4. On the other hand, counsel for the State does not have any objection to the same and he submits that vide Annexure-R/A, the State Government has decided to extend the benefits to all the retired members of the B.P.S.C.

5. The State Government has already directed to the office of the Accountant General by issuing letter no. 22790 dated 15.12.2023 to pay all admissible amount related to the unutilized earned leave to those retired persons by issuing appropriate steps in accordance with law and, therefore, the case of the intervenor petitioner shall also be considered by the office of the Accountant General in order to avoid multiplicity of

Patna High Court CWJC No.606 of 2024(4) dt.04-12-2025 3/3 litigation.

6. For the reasons explained by the counsel for the petitioners and the State, the interlocutory application being I.A. No.1 of 2024 is allowed and the office of the Accountant General is also directed to address the claim of the petitioners including the intervenor namely Dr. Ashok Kumar Sharma in the light of the government decision as contained in AnnexureR/A which is appended with the counter affidavit filed by the State within a period of six weeks from today.

7. Since the matters have already been adjudicated, the office of the Accountant General is directed to adjudicate the same within a period of six weeks, as stated above and the necessary order so passed shall be communicated to the petitioners.

8. With the aforesaid observation and direction, the writ petition stands disposed.

(Ajit Kumar, J) rishi/- U