Patna High Court
Ram Sagar SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the Chief Engineer to adjudicate the petitioner’s claim within six weeks and, if entitlement is established, to extend the differential gratuity and leave‑encashment benefits.
Summary
Ram Sagar Sharma, a superannuated Class‑IV employee of the Water Resources Department, filed a writ petition seeking the differential gratuity and leave‑encashment he claimed were due under a 2020 judgment (C.W.J.C. No.3416). The petitioner argued that his service, though recorded as 3 years 5 months, should be treated as continuous with his earlier posting in the erstwhile Bihar State Agriculture Marketing Board, making him similarly situated to other employees who received the benefits. The State contended that the claim should be adjudicated in accordance with the earlier order and that any extension of benefits depends on such adjudication. The Court examined the submissions and directed the Chief Engineer (Respondent No.4) to determine the petitioner’s entitlement within six weeks and, if confirmed, to extend the benefits accordingly. The Court then disposed of the writ petition. The order emphasizes the need for administrative compliance with prior judicial directions regarding service benefits.
Issues considered
- Whether the petitioner is entitled to the differential gratuity and leave‑encashment despite having less than five years of service in the Water Resources Department.
- Whether the petitioner’s prior service in the Bihar State Agriculture Marketing Board should be counted towards the qualifying period for gratuity.
- Whether the respondents are obligated to adjudicate the claim within a specified time and extend benefits if the petitioner is found similarly situated to other employees.
Subjects
- gratuity
- leave encashment
- superannuation
- civil writ jurisdiction
- mandamus
- differential benefits
- service tenure
- Bihar state service
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5548 of 2026
======================================================
Ram Sagar Sharma S/o Late Shiv Sharma, R/o Village-Harakh, P.S. Nagar
Thana Begusarai, District-Begusarai. Superannuated from the post of
Karyalaya Prachari (Class-iv), while working in the Office of Executive
Engineer, Water Resources Department, West Koshinahar Division,
Andharathari, District-Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, Water Resources Department,
Government of Bihar, Patna.
2. The Secretary, Department of Agriculture, Government of Bihar, Patna.
3. The Administrator, Bihar State Agriculture Marketing Board, (dissolved),
Pant Bhawan,Bailey Road, Patna.
4. The Chief Engineer, Office of Chief Engineer, Irrigation Generation, Water
Resources Department, Darbhanga, District- Darbhanga.
5. The Superintending Engineer, West Koshi Nahar Circle, Jhanjharpur,
District- Madhubani.
6. The Executive Engineer, West Koshi Nahar Division, Andharathari, District-
Madhubani.
7. The Accountant General, Government of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jai Prakash Verma, Advocate
For the Respondent/s : Mr. Government Pleader (24)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
“For issuance of an appropriate writ/writs,
Patna High Court CWJC No.5548 of 2026(2) dt.18-04-2026
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order/orders, direction/directions, in the nature of
mandamus/certiorari for quashing of letter no.77
dated 30.01.2024 passed by the Executive Engineer
(Respondent no.6 herein) whereby and where
under claim of the petitioner for grant of difference
amount of Gratuity has been rejected on the
ground that the petitioner has only served under
Water Resources Department, Koshi Nahar
Division, Andharathari, Darbhanga only 3 years, 5
month and 29 days although for receiving gratuity
minimum 5 years service is required. And further
prayer for commanding and directing to the
respondent authorities to pay to the petitioner
differential amount of Gratuity and differential
amount of Leave-Encashment from the date of his
initial appointment made in the erstwhile Bihar
State Agriculture Marketing Board, Patnatill his
retirement from the state government service along
with interest deducting payment already made by
erstwhile Bihar State Agriculture Marketing Board,
(dissolved) Patna. And for the others necessary
relief/reliefs for which the petitioner is entitled to
in accordance with law.”
3. Learned counsel for the petitioner was initially
appointed on Class-IV post in the Agriculture Produce Market
Committee, Sitamarhi, which is said to have been dissolved and
the petitioner is entitled for the difference amount of gratuity in
terms of the order dated 07.09.2020 passed in C.W.J.C. No.3416
Patna High Court CWJC No.5548 of 2026(2) dt.18-04-2026
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of 2020, which has not been extended, while other similarly
situated persons have been extended such benefits.
4. It is the case of the petitioner that his claim is
squarely covered by the aforesaid judgment, and that his
absorption was effected pursuant to the order passed by this
Court, annexed as Annexure P/3. However, for unexplained
reasons, despite being similarly situated to other employees who
have been granted superannuation benefits, the petitioner has
not been extended the same benefits.
5. On the other hand, learned counsel for the State
submits that the authorities may be directed to adjudicate the
claim of this petitioner in terms of the issues having been put at
rest by this Court and in terms of the order passed by this
Court, appended with the writ petition as Annexure-P/13 and if
it is found that the case of the petitioner is similarly situated to
that of those employees, the said benefits may be directed to
extended in favour of the petitioner.
6. Considering the submission of the parties, this
Court finds it appropriate to direct the respondent No.4 to
adjudicate the claim of this petitioner within a period of six
weeks from today and on adjudication if it is found that the
petitioner is entitled, the benefits shall be also extended within
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the same time.
7. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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