Patna High Court
Anjani Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the Executive Engineer, Building Division, Nawada to adjudicate the petitioner’s claim on par with similarly situated persons and to grant the benefits within eight weeks, if found admissible.
Summary
The petitioner, a former employee appointed on 01‑04‑1982, sought regularisation of his service, pro‑rata pension and the payment of group insurance and provident‑fund benefits that he alleges were denied from his appointment until 17‑10‑2013, unlike similarly situated persons. The petitioner relied on the Full Bench judgment in Smt. Amrika Devi & Ors. v. State of Bihar & Ors. (2019) (4) PLJR 354. The State argued that pension had already been granted on a pro‑rata basis and that any remaining dues could be directed to the Executive Engineer, Building Division, Nawada. The Court, after hearing counsel, directed the Executive Engineer (respondent No.3) to adjudicate the petitioner’s claim on par with other similarly situated employees and to grant the benefits, if admissible, within eight weeks, including any interest due. The Court further ordered that if interest is awarded to others, the petitioner is likewise entitled. The writ petition was consequently disposed of.
Issues considered
- What entitlement does the petitioner have to group insurance and provident‑fund benefits from 01‑04‑1982 to 17‑10‑2013, comparable to similarly situated employees?
- Whether the respondent authorities should be directed to adjudicate and award such benefits within a specified time frame.
Subjects
- service regularisation
- pension
- group insurance
- provident fund
- equal treatment
- writ jurisdiction
- administrative direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15087 of 2024
======================================================
Anjani Kumar Mishra son of Late Surya Narayan Mishra, resident of
Mohalla-Teghra, P.S.-Haveli Kharagpur, District-Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary Road
Construction Department, Government of Bihar, Patna.
2. The Engineer in Chief, Public Works Department, Govt. of Bihar, Patna.
3. The Executive Engineer, Building Division, Nawada, District-Nawada,
Bihar.
4. The Sub Divisional Officer, Building Division-II, Nawada.
5. The Accountant General Bihar (A and E), Veer Chand Patel Marg, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sobac Kr. Jha, Adv.,
For the State : Mr. Raghwanand, GA11
Mr. Sanjay Kr. Tiwari, AC to GA11
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 29-01-2026 Heard learned counsel for the parties.
2. Counsel for the petitioner submits that in the light of
the Hon’ble Full Bench Judgment rendered in the case of Smt.
Amrika Devi & Ors. Vs. State of Bihar & Ors. reported in 2019
(4) PLJR 354, the regularization of the service of the petitioner
has been done and appropriate pro-rata pension has been allowed
but, the group insurance and provident fund since the date of
appointment i.e. 01.04.1982 till 17.10.2013 has not been paid,
while other similarly situated persons have been allowed such
benefits for which the representation has also been filed before
the Executive Engineer, Building Division, Nawada (respondent
no.3) which is appended with the writ petition as Annexure- P/4.
Patna High Court CWJC No.15087 of 2024(3) dt.29-01-2026
2/2
3. On the other hand, counsel representing the State
submits that since other benefits including pension has already
been allowed on pro-rata basis as per the entitlement of the
petitioner, therefore, for the remaining dues for which the
representation is already filed, an appropriate direction may be
issued to the Executive Engineer, Building Division, Nawada
(respondent no.3).
4. Considering the aforesaid, this Court directs the
respondent no.3 to adjudicate the claim of the petitioner at par
with the other similarly situated persons on the representation,
which is said to have been filed on 30.07.2024 (Annexure-P/4),
within a period of eight weeks from today and the benefit shall
also be allowed within the same period, if it is found admissible.
5. It goes without saying that if other similarly situated
persons have been allowed interest, the petitioner shall also be
entitled for the same on similar basis.
6. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Ajit Kumar, J)
rishi/-
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