Suresh RamversusThe State of Bihar through the Principal Secretary, Revenue and Land Reforms Department,

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.5622 of 2026
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                 Suresh Ram Son of Late Jaigovind Ram, Resident of Village - Marutpur,
                 Police Station - Desari, District- Vaishali.

                                                                       ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through the Principal Secretary, Revenue and Land
                 Reforms Department, Govt. of Bihar, Patna.
           2.    The District Magistrate-cum-Collector, Vaishali at Hajipur.
           3.    The Conducting Officer-cum-Sub-Divisional Officer, Mahnar (Vaishali).
           4.    The Presenting Officer-cum-Block Development Officer, Desari Block.
           5.    The Block Development Officer, Patepur Block (Vaishali).
           6.    The Accountant General, Bihar, Patna.
                                                           ... ... Respondent/s
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                 Appearance :
                 For the Petitioner/s   :      Mr.Mukesh Kumar Thakur
                 For the Respondent/s   :      Government Pleader (19)
                                               Mrs. Ritika Rani
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                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   23-04-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the respondents.

                               2. The instant writ application has been filed for

                   directing Respondent No. 2 to ensure payment of all admissible

                   post-retirement benefits to the petitioner, such as full and final

                   pension, gratuity, leave encashment, GPF, GIC, and other

                   benefits, if any, forthwith, as the petitioner superannuated on

                   30.10.2025 from the post of Lower Division Clerk in the office

                   of Respondent No. 5.

                               3. Learned counsel for the petitioner submits that

                   pursuant to the order dated 09.12.2021 passed in CWJC No.
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          6856 of 2021, whereby the orders of punishment passed by the

          disciplinary authority, which having been upheld by the

          appellate authority were set aside and the disciplinary authority

          was directed to conclude the proceedings from the defective

          stage within a period of three weeks, the said order dated

          09.12.2021 has, till date, not been complied with. It is further

          submitted that owing to such pendency, the petitioner’s claim

          for pension and other pensionary benefits has not been

          sanctioned, despite the petitioner having retired on 30.10.2025

          from the post of Lower Division Clerk in the office of the Block

          Development Officer, Patepur Block (Vaishali).

                      4. It is next submitted that the Hon’ble Apex Court, in

          the case of State of Uttar Pradesh through Principal

          Secretary vs. Ram Prakash Singh, in Civil Appeal No. 14724

          of 2024, has categorically held that once a time frame is fixed

          by the Court to conclude departmental proceedings and no

          extension of time is sought, the respondents are precluded from

          taking a final decision thereafter on the basis of the materials

          available on record. Accordingly, the petitioner’s claim is

          required to be considered.

                      5. Considering the dictum of the Hon’ble Apex Court

          in the aforesaid case, the District Magistrate, Vaishali, is
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                     directed to take a final decision with regard to the claim of the

                     petitioner within a period of six weeks from today, in light of the

                     judgment referred to hereinabove. The benefits for which the

                     petitioner is found entitled shall also be extended in his favour

                     within the same period.

                                 6. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.



                                                                    (Ajit Kumar, J)
shikha/-

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