IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5792 of 2018

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Ravindra Kumar Son of late Dr., Ram Govind Singh Resident of Chief

Engineer's Residence , P.O. GPO, P.S. Kotwali, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors

2.

The Principal Secretary, Urban Development and Housing Department,

Govt. of Bihar, Vikas Bhawan, Ba

3.

The Patna Municipal Corporation through Municipal Commissioner,

Maurya Lok Complex, Patna.

4.

The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok

Complex, Patna.

5.

The Additional Municipal commissioner Establishment, Patna Municipal

Corporation, Patna.

6.

The Executive Officer, Patna Nagar Nigam Water Supply.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Kunal Tiwary

For the Corporation

:

Mr.Prasoon Sinha

with Mr. Prabhakar Singh, Advocates

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN

SINGH

CAV JUDGMENT

Date : 04-01-2021

The petitioner retired while holding the rank of

Superintending Engineer in Patna Municipal Corporation

(PMC) with effect from 30.04.2017. In the present application

filed on 28.032018, the petitioner has sought for a direction to

the respondents to pay his post retiral dues. It has been

specifically asserted in the writ application that till the date of

the filing of the writ application, not even a single penny has

been paid to him against post retiral dues, despite the fact that

Patna High Court CWJC No.5792 of 2018 dt.04-01-2021

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there was no department proceeding ever initiated, against the

petitioner.

2. The present case was heard online through video

conference, during the course of which Mr. Kunal Tiwary,

learned counsel for the petitioner and Mr. Prasoon Sinha, with

Prabhakar Singh, learned counsel, representing the Patna

Municipal Corporation made their extensive arguments on

behalf of the rival parties.

3. A counter affidavit and a supplementary counter

affidavit have been filed on behalf of the Corporation. The

petitioner has filed reply to the counter affidavit. A counter

affidavit has also been filed on behalf of the State of Bihar.

4. Briefly narrated, the case of the petitioner is that

after his appointment as Assistant Engineer in Patna Water

Board in 1983, he was granted promotion to the post of Chief

Engineer of the Board, which is equivalent in rank to the post of

Executive Engineer in the Government. At the said point of

time, the Patna Water Board was part of Patna Municipal

Corporation. The petitioner, it has been asserted was granted

promotion to the post of Chief Engineer of the Board

( equivalent to Executive Engineer in the Government) on the

recommendation of the Bihar Public Service Commission vide

Patna High Court CWJC No.5792 of 2018 dt.04-01-2021

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office order as contained in Memo No. 1895 dated 01.11.1996.

Patna Municipal Corporation, Patna Regional Development

Authority and the Board were decided to be merged by the State

Government in the year 2006 and three posts equivalent to the

post of Superintending Engineers under the State Government

were created, which were to be filled up by granting promotion

to the Engineers working in the Corporation. Kalawadhi of

eight years was prescribed for promotion to the rank of

Superintending Engineer from the rank of Executive Engineer

and the petitioner having completed the said Kalawdhi was

entitled to be considered for upgradation of his status to the rank

of Superintending Engineer of the State Government. Before the

petitioner’s case could be considered for promotion, he was

diagnosed suffering from cancer for which, with permission of

t