Patna High Court
Ramdev SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The writ petition is dismissed as the petitioner raised no grievance during service or after retirement and failed to justify the delay.
Summary
Ramdev Sah, a former tubewell operator, filed a writ petition seeking a backdated appointment date of 31-12-1979, along with salary, pension, and other benefits, instead of the date of regularisation on 28-01-1989. He had been appointed on a daily wage basis in 1979, regularised in 1989, and retired in August 2018 without ever raising any claim during his service or after retirement. The petition was filed more than three years after his retirement, and no reason for the delay was provided. The respondents contended that he had already received all dues due to him. The court observed that the petitioner had been regularised, received all entitled benefits, and failed to justify the delay or any grievance. Consequently, the writ petition was dismissed for lack of merit.
Issues considered
- Whether the petitioner is entitled to have his date of appointment as Nalkoop Chalak fixed to 31-12-1979 instead of 28-01-1989.
- Whether the petitioner can claim arrears of salary, pension, and other emoluments based on the backdated appointment.
- Whether the delay of more than three years after retirement bars the petitioner from obtaining relief.
Subjects
- appointment date
- salary arrears
- pension
- post-retirement benefits
- delay
- writ petition
- regularisation
- public service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1395 of 2022
======================================================
Ramdev Sah S/o Late Kanti Sah Resident of Village- Tulshipur, P.S.- Kharik,
District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary Govt. of Bihar Patna.
2. The Secretary, Irrigation (Minor) Govt. of Bihar Patna.
3. The Engineer in Chief Minor Irrigation (Tue- bell Section, Minor Irrigation).
4. The Executive Engineer Minor Irrigation (Tue- bell), Bhagalpur Division,
Bhagalpur, Bihar.
5. The Assistant Engineer, Minor Irrigation (Tue- bell), Naugachia Bhagalpur,
Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Thakur, Advocate
For the Respondent/s : Mr. Ajit Kumar, GA-9
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 16-02-2026
Heard the parties.
IA No. 01/2026
2. The present interlocutory application has been
filed to modify the order dated 12.01.2026 passed in the present
writ petition, by which the petitioner was directed to submit the
hard copy of the writ petition.
3. The learned counsel for the petitioner submits
that although he has submitted the hard copy of the writ petition
but no receiving was given for the same and the hard copy of
the writ petition is not on the record in the present writ petition.
Patna High Court CWJC No.1395 of 2022 dt.16-02-2026
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4. Accordingly, the present interlocutory
application is disposed of.
C.W.J.C. No. 1395 of 2022
5. The present writ petition has been filed for a
direction upon the respondents for fixation of the date of
appointment as Nalkoop Chalak (Tubewell Operator) w.e.f.
31.12.1979 instead of 28.01.1989 and for fixation of salary and
pension w.e.f. 31.12.1979 upon same, for grant of arrears in
pursuance of his seniority, salary and enhanced pension and for
the other emoluments as EPF, GPF and others.
6. The brief facts giving rise to the present writ
petition is that petitioner was initially appointed as Nalkoop
Chalak (Tubewell Operator) on daily wage basis in view of the
order no. 7389 dated 28.11.1979 issued by the Executive
Engineer of the concerned department. Subsequently, the
services of the petitioner along with others was regularised vide
letter no. 243 dated 28.01.1989 issued by the competent
authority and accordingly, the petitioner started discharging his
duties. The petitioner remained in service and finally retired on
August, 2018 and till the date of his retirement, he did not raise
any claim before any of the authorities for the relief sought for
in the present writ petition, meaning thereby that the petitioner
Patna High Court CWJC No.1395 of 2022 dt.16-02-2026
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was satisfied and he had got no grievance whatsoever. Even
after his retirement, the petitioner did not choose to file any writ
petition, rather preferred the present writ petition on 27.01.2022
i.e. after more than three years of his retirement.
7. A counter affidavit has been filed on behalf of
the respondent nos. 2 to 5, wherein it has been stated that the
petitioner was initially appointed on the post of Nalkoop
Operator as a daily wage employee and was regularised on the
orders of the competent authority and after his regularisation, he
never raised any claim. After retirement, the petitioner has been
given all the due benefits for which he was entitled and nothing
remains to be paid to him on account of his post retirement
benefits or any other entitlement.
8. After having heard the learned counsel for the
parties and on perusal of the documents available on record, this
Court finds that admittedly the petitioner was regularised vide
letter no. 243 dated 28.01.1989 and after completion of his
service satisfactorily, he superannuated in August, 2018. Never
during course of his service period after his retirement, he raised
any grievance for shifting his services w.e.f. 31.12.1979. The
petitioner even filed the present writ petition after more than
three years of his retirement and has not disclosed any reason
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for delay in raising his grievance.
9. Accordingly, I find no merit in the writ petition
and the same is dismissed.
(Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR
CAV DATE NA
Uploading Date 19.02.2026
Transmission Date NA
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