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Patna High Court

Ram Sagar SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            3/4




          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
           Patna High Court CWJC No.5548 of 2026(2) dt.18-04-2026
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                     the same time.

                                 7. Accordingly, the writ petition stands disposed of.



                                                  (Ajit Kumar, J)
sharun/-

U


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