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2003 Supreme(Pat) 253
PATNA HIGH COURT
Ravi S.Dhavan and R.N.Prasad JJ.
Girish Narain
Versus
State Of Bihar
Letters Patent Appeal No. 1308 of 1995 ;
Decided On : MARCH 03, 2003
Entitlement to service benefits and equality with colleagues.
Headnote:
Service Benefits - Departmental Proceedings - The petitioner is entitled to receive every conceivable service benefit in terms of equality along with his other colleagues. The court found that the petitioner's contention was right and directed the respondents to restore all the benefits to him in terms of equality along with his other colleagues.
Fact of the Case:
The petitioner had filed multiple petitions and appeals to the High Court seeking service benefits and equality with his colleagues. The departmental proceedings against the petitioner did not reach any conclusion, and he was ultimately acquitted in subsequent proceedings.
Finding of the Court:
The court found that the petitioner was entitled to receive every conceivable service benefit in terms of equality along with his other colleagues. The court directed the respondents to act upon the petitioner's representation and restore all the benefits to him within one month.
Issues: The main issue was the petitioner's entitlement to service benefits and equality with his colleagues.
Ratio Decidendi: The court's decision was influenced by the petitioner's right to equality in service benefits and the failure of departmental proceedings to reach a conclusion.
Final Decision: The appeal was allowed, and the court directed the respondents to restore all the benefits to the petitioner in terms of equality along with his other colleagues, with costs.
1. No long drawn order need be passed on this Letters Patent Appeal. Suffice it to say that this is fourth time the petitioner has come to the High Court. The petitions filed by the petitioner were (a) C.W.J.C. No. 448 of 1967 (b) C.W.J.C. No. 1900 of 1970 (c) C.W.J.C. No. 10189 of 1989 and (d) C.W.J.C. No. 2751 of 1995.
2. Of any departmental proceeding which was taken against the petitioner it did not reach any conclusion and had failed. Of any subsequent proceeding which was taken out against the petitioner he was ultimately acquitted. The contention of the petitioner is that he is entitled to receive every conceivable service benefit in terms of equality along with his other colleagues, who were appointed along with him.The court cannot help expressing that the petitioner is right in his contention.
3. The court has noticed the proceedings which were filed at the High Court. This proceeding carried a considered order.
4. On the last petition the petitioner did not receive any relief except that he may file representation. Apparently, nothing came out of the representation; otherwise the petitioner would not be in an appeal before the court. Then, if the petitioner had been given the latitude to file a representation it was also an opportunity to the respondents to restore all the benefits to him.
5. Let the representation of the petitioner be acted upon within one month from today and as the record stands of the service dues admissible let him receive the benefits in terms of equality along with his other colleagues.
6. Appeal allowed with costs.
