Advocates:
['Vijay Kumar Singh', 'NAWAL KISHOR SINGH SC', '', 'J K ROY- C']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2594 of 2013

In

Civil Writ Jurisdiction Case No.12298 of 2011

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1. Suresh Chandra Srivastava, S/o Late Sukhdeo Prasad Srivastava

Resident Of Village- Jhapha, Ganghati, P.S- Ahiyapur, District-

Muzaffarpur.

2. Chandra Madhav Chaudhary S/O Sri Kunjan Chaudhary Resident

Of Village And P.O- Dariyapur Kafen, P.S- Kurhani, District-

Muzaffarpur.

3. Shambhu Dubey S/O Sri Buchkun Dubey Resident Of Village-

Situahi, P.O- Karnaul, P.S- Sahebganj, District- Muzaffarpur.

4. Lakhindra Sah S/O Late Ganesh Sah Resident Of Village-

Deghra Rampur Sah, P.S- Sadar, District- Muzaffarpur.

5. Sone Lal Das S/O Sri Chulhai Das Resident Of Village And P.O-

Muraul, P.S- Sakra, District- Muzaffarpur.

6. Md. Sidiquee S/O Md. Habib Resident Of Village- Sarmasta,

P.O- Kerma, P.S- Kurhani, District- Muzaffarpur.

7. Ram Bachan Singh S/O Sri Rijhan Singh Resident Of Village-

Chiknauta Bahas, P.O- Chapra Bahas, P.S- Sugauli, District- East

Champaran At Motihari.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Sri B. Rajendra S/O not known to the petitioner Presently Posted As The

Principal Secretary, Rural Development Department, Government Of Bihar,

Patna.

3. Sri Gopal Narayan Singh S/O not known to the petitioner Presently Posted As

The Deputy Secretary, Rural Development Department, Government Of

Bihar, Patna.

4. Sri Ramji Chaudhary S/O not known to the petitioner Presently Posted As The

Chief Engineer-3, Rural Engineering Organization, Bihar, Patna.

Patna High Court MJC No.2594 of 2013 dt.13-12-2017

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5. Sri Vijay Sill Kasyap S/O not known to the petitioner Presently Posted As The

Superintending Engineer, Rural Engineering Organization, Work Circle,

Muzaffarpur.

6. Sri Mohan Ram S/O not known to the petitioner Presently Posted As The

Executive Engineer, Rural Engineering Organization, Work Division,

Muzaffarpur.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

For the Respondent/s

:

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CORAM: HONOURABLE THE CHIEF JUSTICE

ORAL JUDGMENT

Date : 13-12-2017

The only order passed in the writ petition was with

regard to granting benefit of pay-scale of a permanent employee

and other benefit treating the petitioners to be regularly

employed.

Now, if during the pendency of the matter

petitioners have retired and the petitioners claim that for

calculating qualifying service, the service rendered by them has

also to be counted. This being not an issue which has been

considered by the Writ Court, I see no reason to make any

indulgence into the matter and issue any further direction in the

writ petition. The question of treating the period as qualifying

service and granting pension to the petitioners on such

Patna High Court MJC No.2594 of 2013 dt.13-12-2017

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consideration was never an issue before the Writ Court. It was

never considered by the Writ Court and merely on the basis of

judgments rendered in subsequent cases in the case of other

employees, this Court in these contempt proceedings cannot

issue any further direction directing the respondents to treat the

period for calculating qualifying service and grant benefit to the

petitioners. This is a subsequent cause of action which accrued

after retirement of the petitioners and, therefore, in these

contempt proceedings no further direction can be issued.

The application is disposed of with liberty to the

petitioners to claim the benefit afresh in accordance with law.

P.K.P.

(Rajendra Menon, CJ)

AFR/NAFR

N.A.F.R.

CAV DATE

N.A.

Uploading Date

15.12.2017

Transmission Date