Back
IN THE HIGH COURT OF PATNA
S. Kumar, J.
MOTICHAND YADAV – Appellant
Versus
THE STATE OF BIHAR AND OTHERS – Respondents
Letters Patent Appeal No. 44 of 2021, Civil Writ Jurisdiction Case No. 14254 of 2011
Decided On : 27-05-2021
Bihar Pension Rules, 1950 – Rules 87 – Computation and payment of pension – Rule 87 of Bihar Pension Rules is applicable in cases of employees who have served armed forces for computation of qualifying service for grant of pension – Appellant having not exercised his option within three months of joining service of Government of Bihar nor he deposited gratuity amount in prescribed period, as such, he was not entitled for computation of his past service rendered in Indian Navy for purpose of computation and payment of pension by Government of Bihar – Circular dated 01.06.2005 issued by Finance Department that same relates to employees working within State Government and benefit of said circular cannot be extended to employees joining State Government coming from other than State Service – L.P.A. dismissed. (Paras 3 and 4)
JUDGMENT :
S. Kumar, J.
LA. No. 01 of 2021
1. This interlocutory application filed under Section 5 of limitation Act for condoning the delay of 5 years 355 days in filing L.P.A. against the order dated 20.10.2014 passed by the learned Single Judge of this Hon'ble Court passed in C.W.J.C. No. 14254 of 2011.
2. This Court does not find that sufficient cause and explanation has been shown for condonation of inordinate delay of 5 years 355 days in filing L.P.A. against the order passed by the learned Single Judge, as such, the application for condonation of delay is rejected as a consequence of which L.P.A. No. 44 of 2021 is dismissed.
L.P.A. No. 44 of 2021
3. This Court has also examined the case of appellant on merit and is in agreement with the view expressed by the learned Single Judge that Rule 87 of Bihar Pension Rule is applicable in cases of employees who have served armed forces for computation of qualifying service for grant of pension and appellant having not exercised his option within three months of joining the service of Government of Bihar nor he deposited the gratuity amount in the prescribed period, as such, he was not entitled for computation of his past service rendered in Indian Navy for purpose of computation and payment of pension by the Government of Bihar.
4. This Court also concurs with the finding recorded by Single Judge with respect to Circular dated 01.06.2005 issued by Finance Department that same relates to the employees working within the State Government and benefit of said circular cannot be extended to the employees joining the State Government coming from other than State Service.
L.P.A. stands dismissed.
Disciplinary authority's failure to follow procedural rules invalidates penalty; quoting a wrong provision does not vitiate the order.
The judgment establishes the principle that condonation of deficiencies in qualifying service for pension benefits is subject to specific conditions and criteria as outlined in the relevant pension r....
Employee rights to pension are upheld irrespective of administrative delays, emphasizing that such entitlement is a matter of recht.
Vague bureaucratic delay explanations lack sufficient cause for condoning 193-day appeal delay, particularly where prejudice to superannuated employee outweighs State's interest.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
