Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 649

IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR, J.
Prabhu Nath Prasad Singh @ Prabhu Nath Singh, Son of Late Rudra Deo Singh - Appellant
Vs.
The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna - Respondent
Civil Writ Jurisdiction Case No.9168 of 2022
Decided On : 19-06-2025

Advocates:
Advocate Appeared:
For the Petitioners:Mr. Aditya Narayan Singh, Advocate Mr. Kundan Kumar Sinha, Advocate
For the Respondents: Mr. S.D. Yadav, AAG-9 Mr. Anil Kumar Verma, AC to AAG-9
For the AG, Bihar :Mrs. Ritika Rani, Advocate

Pension and retiral benefits cannot be claimed for absent periods of service without active engagement or duty, affirming ‘No Work, No Pay’ principle.

Headnote:(A) Bihar Pension Rules, 1950 - Rule 43(b), Rule 139 - Government Service - Superannuation and entitlement to pension - Petitioner's claim for notification of superannuation effective from 28.02.2022 and for payment of pension and salary arrears for waiting period denied due to lack of effort in seeking posting and absence from duty post- No departmental proceedings initiated against petitioner - Principles of ‘No Work, No Pay’ applied. (Paras 8, 20, 28)

(B) Laches - Delay in seeking remedy - Belated service-related claims typically rejected, but exceptions for continuing wrongs, however, the petitioner did not show endeavour for posting - Entitlement to benefits upheld, but no salary for waiting period as no duty discharged. (Paras 27, 28)

Table of Content
1. grievances regarding pension and salary due to delay in posting. (Para 2 , 3 , 4)
2. arguments regarding continuity of service and entitlement to benefits. (Para 5 , 6 , 7)
3. state's defense regarding petitioner's long absence and lack of effort. (Para 8)
4. court's observations on notification and implications for service. (Para 9 , 10 , 11 , 12 , 13)
5. no misconduct found; focusing on service record and rights. (Para 14 , 18)
6. judicial principles on abandonment of service and implications. (Para 15 , 17 , 22)
7. department's decision to regularize service and compute pensions. (Para 19 , 20)
8. court's emphasis on petitioner’s lack of initiative for postings. (Para 21 , 25 , 26)
9. principle against laches in claims based on continuing wrong. (Para 27)
10. entitlement to retiral benefits without salary for waiting period. (Para 28)
11. final ruling and conclusion of the case. (Para 29)

JUDGMENT :

HARISH KUMAR, J.

This Court has heard Mr. Aditya Narayan Singh, with Mr. Satyendra Narayan Singh, learned Advocates for the petitioner and Mr. Anil Kumar Verma, learned Advocate for the State. The Accountant General, Bihar is represented through Mrs. Ritika Rani, learned Advocate.

2. The grievance of the petitioner, in the present writ petition, is confined to three folds; Firstly, the respondent authorities be directed to issue a formal order of superannuation of the petitioner with effect from 28.02.2022, the date on which he attained the age of 67 years, as a Medical Officer; Secondly, for a direction to accept the pension forms/documents of the petitioner so that his pension and other retiral benefits be calculated and paid to him, and thirdly, to issue a direction to ensure payment of arrears of salary w.e.f. 11.08.1997 till the date of retirement with due promotion and increment of salary.

3. The reliefs, aforenoted, have been sought for in the premise of the facts that the petitioner after completing the MBBS Course and on being found eligible joined Ranchi Medical College vide notification no.7(2) dated 02.08.1981 in the pay scale of Rs.610-1155/-. The appointment of the petitioner was only for six months, but later on it was regularized w.e.f. 02.06.1981. By the order dated 04.12.1984, the petitioner was posted against the reserved post in the district of Ranchi and thereafter vide notification dated 18.05.1985, issued by the Department of Health, Government of Bihar he was posted as District Phaleria Officer, Ranchi. Subsequently, by the notification no.404, dated 15.05.1990 (Annexure-5 to the writ petition) issued by the Department of Health, Government of Bihar, the petitioner was posted as Resident Medical Officer in the Rajendra Medical College, Ranchi (hereinafter referred to as ‘the RMC, Ranchi’). The petitioner worked as Resident Medical Officer, RMC, Ranchi till 14.12.1996, whereafter vide notification as contained in Memo No. 1029(2) dated 14.12.1996, the copy of which is marked as Annexure-6, issued under the Department of Health, Government of Bihar, the petitioner along with various other Medical Officers were transferred to different places, the name of petitioner finds at serial no. 131 with remark find out the native district of the petitioner and placed in the next establishment.

4. In compliance of the aforenoted notification, the petitioner submitted his joining in the office of the Directorate, Health, Patna, but to utter surprise no posting order has ever been issued and in this way the petitioner was kept waiting for posting for a number of years and finally he attained the age of superannuation on 28.02.2022.

5. Learned Advocate for the petitioner submitted that the aforenoted facts are admitted and it has not been confronted by the respondent authorities at any stage. However, when the petitioner approached to the office concerned to pay all his retiral benefits and salary for the period, in question, no positive order came to be passed. Since the petitioner was kept waiting for posting for suc