Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.5903 OF 2013 =================================================== 1.PRAMOD KUMAR SINHA SON OF LATE YUGESHWAR PRASAD SINHA RESIDENT OF MOHALLA- NAVIN COLONY, MOTIJHIL, MUZAFFARPUR, P.O. HEAD POST OFFICE, MUZAFFARPUR, P.S. MUZAFFARPUR TOWN, DISTRICT- MUZAFFARPUR, THE RETIRED SUB-OVERSEER, MINOR IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2.THE PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3.THE SECRETARY, MINOR (WATER RESOURCES) IRRIGATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4.THE ENGINEER-IN-CHIEF-CUM-ADDITIONAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 5.THE UNDER SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. (WATER 6.THE RESOURCES) IRRIGATION DEPARTMENT, MINOR IRRIGATION CIRCLE, MUZAFFARPUR. 7.THE TREASURY OFFICER, MUZAFFARPUR . 8.SRI RAM GOPAL RAUT SON OF NOT KNOWN TO THE PETITIONER PRESENTLY POSTED AS EXECUTIVE ENGINEER, MINOR (WATER RESOURCES) IRRIGATION DEPARTMENT, MINOR IRRIGATION DIVISION, MUZAFFARPUR. SUPERINTENDENT ENGINEER, MINOR .... .... RESPONDENT/S =================================================== Appearance : For the Petitioner/s:Mr.S.B.K Mangalam. For the Respondent/s:Mr.V.K. Singh, SC-5. =================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2/ 11-04-2013 Heard counsel for the parties. The prayer of the petitioner in this writ application reads as follows:- and "For issuance of an appropriate writ in the nature of MANDAMUS commanding the Respondent Authorities to revise and fix the pay-scale and salary of the petitioner in view of the letter dated 17.01.1998 issued under the signature of the Respondent no. 5 and directing
Legal Reasoning
Patna High Court CWJC No.5903 of 2013 (2) dt.11-04-2013 2 and directing contained in his memo no. 116 dated 17.01.1998, whereby and whereunder after his retirement on 31.10.1993, the petitioner was granted benefits of first Time Bound Promotion with effect from 01.04.1981. For issuance of an appropriate writ in the nature of MANDAMUS the commanding Respondent Authorities to revise and fix the pay-scale and salary of the petitioner in view of the order contained in memo no. 1986 dated 09.10.1998 issued under the signature of the Respondent no. 5, whereby and whereunder the benefits of second Time Bound Promotion was granted to the petitioner with effect from 28.02.1983 after the retirement of the petitioner in the year 1993. For issuance of an appropriate writ in the nature of MANDAMUS commanding the Respondent authorities to pay the arrears of salary of the petitioner in the revised pay-scale pursuant to the above referred two orders of the department with interest @ 12 % per annum and for a further direction to revise and pay other benefits to the petitioner which he would have received his retirement itself if the Respondents would have granted these benefits of the Time petitioner while he was in service." directing Promotion Bound time and the at of to As would be apparent from the reading of the aforementioned prayer that the petitioner a retired employee since 31.10.1993 wants enforcement of an order dated 17.01.1998 by which certain benefit of time bound promotion was given to him. Normally, for such belated cause of action, literally of more than 15 years, this Court was not inclined to entertain Patna High Court CWJC No.5903 of 2013 (2) dt.11-04-2013 3 it.
Legal Reasoning
Mr. S.B.K Mangalam, learned counsel for the petitioner, however, has drawn attention of this Court that it is the Executive Engineer of Minor Irrigation Department, Muzaffarpur who has been the villain, inasmuch as, he has demanded illegal gratification to the tune of Rs. 20,000/- for allowing the petitioner to draw the benefits of time bound promotion. The submission of Mr. Mangalam may be attractive but then there is a letter of Superintending Engineer of Minor Irrigation Department dated 23.11.2002 which goes to show that that the Executive Engineer in his letter dated 17.11.1992 had pointed out that the petitioner was not entitled for such time bound benefits because as per his records the services of the petitioner has already been terminated w.e.f 05.07.1958. The Superintending Engineer surprisingly after 20 years of the receipt of the said letter woke up and in his letter dated 23.11.2012, he has directed the Executive Engineer to furnish the documents relating to termination of services of the petitioner dated 05.07.1958 as also explanation from him that if the petitioner had already been terminated how was he allowed to get his salary from 01.10.1958 Patna High Court CWJC No.5903 of 2013 (2) dt.11-04-2013 4 to 31.10.1993. The petitioner had retired from service w.e.f 31.10.1993 and if he is so confident of his being eligible for grant of time bound promotion he had to move the authorities and/or the competent Court within the reasonable period. Today, after 20 years it would be very difficult for this Court to even ascertain as to whether the petitioner was allowed to continue in service under collusion of some persons or in connivance of the authorities who had allowed the petitioner to continue in service despite being terminated from service w.e.f 05.07.1958. It is this aspect of the matter that the petitioner has been treated to be a retired employee and if the petitioner is being paid his pension as a retired Government servant it is high time that the authorities should make a thorough inquiry as to whether the petitioner was entitled to continue in service if his services were already terminated on 05.07.1958. In view of the above, this Court would direct the Principal Secretay of the Minor (Water Resources) Irrigation Department, Government of Bihar, Patna himself to hold an inquiry and if he finds that the petitioner was legally entitled to get such benefit of his Patna High Court CWJC No.5903 of 2013 (2) dt.11-04-2013 5 time bound promotion and in fact his services were never terminated w.e.f 05.07.1958, he would pass necessary orders and consequently the petitioner shall be given the benefit of revision of his retirement benefits on the basis of such order of the Principal Secretary. It is, however, made clear that as the petitioner has approached this Court after a delay of almost 15 years for enforcement of an order dated 17.1.1998 he will not be entitled for any arrears of salary and his entitlement, for his time bound promotion even if it is found to be admissible, would remain confined to getting the post retiral benefits on the basis of computation of his last pay after taking into account the time bound pay scale. This exercise however must be completed by the Principal Secretary of the department within a period of six months from the date of receipt of this order. With the aforementioned observations and
Decision
direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)