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Patna High Court

Bhakti Vinod PandeyversusThe Government of Bihar

Decided
Disposal
DISMISSED

Holding

The writ petition is dismissed as the petitioner failed to substantiate his claim, rendering the administrative and Lokayukta orders valid.

Summary

The petitioner, a former ward servant of Nalanda Medical College and Hospital who retired on 31‑Oct‑2013, filed a representation in March 2018 seeking a one‑time leave travel allowance because his permanent residence was more than 20 km from his present address. The Superintendent of the hospital rejected the claim on the ground that the petition was filed more than four years after retirement and was unsupported by any documentary evidence, giving the petitioner a week to produce such proof which he failed to do. The petitioner also approached the Bihar Lokayukta, whose order of 3‑May‑2021 upheld the rejection for the same reasons. The petitioner challenged both orders by filing a writ petition seeking quashing of the orders and payment of the allowance with interest and compensation for harassment. The High Court observed that the petitioner had not produced any evidence of his residence or distance travelled and that the administrative authorities were justified in rejecting the claim; consequently, the writ petition was dismissed for lack of merit.

Issues considered

  • Whether a retired employee is entitled to a one‑time leave travel allowance when moving to a permanent residence more than 20 km away.
  • Whether the administrative order rejecting the claim for lack of supporting documents can be quashed.
  • Whether the Lokayukta's upholding of the administrative order is maintainable.

Subjects

  • Leave Travel Allowance
  • Retirement
  • Superannuation
  • Administrative Order
  • Writ Petition
  • Lokayukta
  • Harassment Compensation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.1179 of 2022
                 ======================================================
                 Bhakti Vinod Pandey, Son of Late Ramakrit Pandey, Resident of Village-
                 Devkali, P.O.-Bir, P.S.-Dhanarua, District-Patna, Bihar-804451.

                                                                             ... ... Petitioner/s
                                                     Versus

           1.    The Government of Bihar through the Chief Secretary, Government of
                 Bihar, Patna.
           2.    The Principal Secretary, Department of Health, Government of Bihar, Patna.
           3.    The Director Head (Administration), Bihar Health Service, Patna-7.
           4.    The Superintendent, Nalanda Medical College and Hospital, Agamkuan,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Rama Kant Singh, Advocate
                 For the Respondents     :       Mr. Mujtabaul Haque, GP-12
                                                 Mr. Manish Kumar, AC to GP-12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   16-03-2026                 Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                               2. The petitioner has filed the instant application for

                   the following reliefs :-

                                                 “A. For quashing the office order vide
                                       Letter No. 1646, Patna, dated 16/04/2018 as
                                       contained in Annexure- 2 issued under signature
                                       of Superintendent, Nalanda Medical College and
                                       Hospital, Patna-7 by which claim of one time
                                       travel allowance(After retirement) of petitioner
                                       has not been accepted on the ground that the
                                       voucher of the vehicle has not been submitted
                                       and further quashing the order dated 03/05/2021
                                       of Lokayukta, Bihar, Patna in Case no. 02/
Patna High Court CWJC No.1179 of 2022(3) dt.16-03-2026
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                             Public (Health & Family Welfare) 04/2019 as
                             contained in Annexure- 6 by which claim of one
                             time    travel     allowance(After   retirement)   of
                             petitioner has been rejected and also for
                             commanding the respondent authorities to
                             immediately provide one time travel allowance
                             to the petitioner who has superannuated on
                             31/10/2013.
                                         B. For commanding and directions be
                             given to Respondent authorities to immediately
                             provide one time travel allowance with @ 18%
                             interest along with compensation for harassment
                             to the petitioner.
                                         C. And also for any other relief or
                             reliefs for which the petitioner is found entitled
                             in the eye of law.”

                      3. The case of the petitioner in brief is that having

          retired as Kaksha Sevak (Ward Servant) from the Nalanda

          Medical College and Hospital (NMCH) on 31.10.2013, the

          petitioner filed a representation before the respondents on

          21.3.2018 praying for payment of travel allowance after his

          retirement.

                      4. It is submitted by learned counsel for the petitioner

          that in case a person on his retirement moves from his present

          residential address to his permanent address and the distance is

          more than 20 kms, the person is entitled for travel allowance.

          The petitioner residing at a distance of more than 20 kms from
Patna High Court CWJC No.1179 of 2022(3) dt.16-03-2026
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          his permanent address, he filed the representation praying for

          grant of travel allowance. A copy of the representation has been

          brought on record as Annexure-1 to the writ application. It is

          further submitted by learned counsel for the petitioner that by

          order contained in letter dated 16.4.2018 of the Superintendent,

          NMCH, the representation of the petitioner came to be rejected.

          Even the petition before the Lokayukta, Bihar was also rejected

          by order dated 3.5.2021. It is these two orders i.e. order dated

          16.4.2018 as also the order dated 3.5.2021, which are under

          challenge in the instant writ application.

                      5. Learned counsel for the respondents submits that

          from perusal of the order impugned dated 16.4.2018 it would

          transpire that except for a representation having been filed by

          the petitioner making unsubstantiated statements therein, no

          documents in support of the statements has been brought on

          record. The representation of the petitioner for payment of the

          Leave Travel Allowance was rightly rejected. There is no merit

          in the instant writ application and the same be dismissed.

                      6. Having heard learned counsel for the parties and

          having perused the contents of the petition, it transpires that

          much after his superannuation on 31.10.2013, the petitioner on

          21.3.2018 (Annexure-1) filed a representation praying therein
Patna High Court CWJC No.1179 of 2022(3) dt.16-03-2026
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          that as he had to move more than 20 kms from his present

          address to his permanent address, he be provided with the Leave

          Travel Allowance.

                      7. The representation filed by the petitioner came to

          be rejected by the order impugned contained in letter dated

          16.4.2018. A perusal of the letter dated 16.4.2018 would show

          that the reasons given therein for rejection of the petitioner’s

          representation are firstly that the representation/petition has

          been filed by the petitioner more than 4 years 4 months after his

          date of retirement i.e. 31.10.2013. It further states that his

          application (a copy of which is Annexure-1 to the writ

          application) neither gives the details of his present place of

          residence from where he moved to his permanent abode nor

          does he give any further evidence in support of the address and

          as to what distance the petitioner had to travel by what means.

          The petitioner was given an opportunity to produce the

          documents, vouchers etc. within a period of one week. The

          petitioner not having been able to produce the same, no relief

          was granted and as such the instant writ application.

                      8. It further transpires from the order of the learned

          Lokayukta that in absence of any documents and for the reasons

          noted in the order dated 16.4.2018, the said order was not
            Patna High Court CWJC No.1179 of 2022(3) dt.16-03-2026
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                      interfered with by the learned Lokayukta.

                                  9. Having perused the contents of the petition and

                      especially the order dated 16.4.2018, no material having been

                      brought in support of the contentions/case by the petitioner, the

                      petition of the petitioner was rightly rejected by the respondents.

                                  10. The Court finds no merit in the instant writ

                      application and the same is dismissed.



                                                         (Partha Sarthy, J)
avinash/-

U


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