Bala Kant Prasad Singh vs The State Of Bihar And Ors on 29 June, 2020

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Patna High Court - Orders

Bala Kant Prasad Singh vs The State Of Bihar And Ors on 29 June, 2020

Bench: Rajeev Ranjan Prasad

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                     (FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)
                                Civil Writ Jurisdiction Case No.8581 of 2017
                 ======================================================
                 Bala Kant Prasad Singh                            ... ... Petitioner
                                                    Versus
                 The State Of Bihar and Ors                        ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Ram Sumiran Singh, Advocate
                 For the Respondent/s   :       Mr.Subhash Pd. Singh-Ga3
                 For PMC                :       Mr. Prabhakar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

6   29-06-2020

The Patna Municipal Corporation is required to satisfy this Court as to the terms and conditions on which the service of the petitioner was transferred to the Patna Municipal Corporation (hereinafter referred to as the 'Corporation').

It is the stand of the petitioner that the erstwhile Patna Regional Development Authority (in short 'PRDA') was dissolved in the year 2007 and all the employees of the 'PRDA' became employees of the Corporation. It is thus, the contention of the petitioner that he has to be treated at par with the employees of the Corporation and would be entitled for all such benefits which the employees of the Corporation were entitled in the year 2007 and subsequently up to the date of the retirement of the petitioner on 30.04.2015.

From the supplementary affidavit it appears that the Corporation has taken a resolution on 14.01.2019 wherein the employees of erstwhile 'PRDA' (since dissolved) who are still in Patna High Court CWJC No.8581 of 2017(6) dt.29-06-2020 2/2 service in Corporation have been covered with the pension benefit with effect from Ist January, 2019.

Let a counter affidavit be filed on behalf of the Corporation to specifically answer the issue as to the terms and conditions of service which were available to the employees of the Corporation when the 'PRDA' was dissolved and the petitioner became employee of the Corporation and further as to why the petitioner would not be entitled for the same benefit after the smooth transfer of all the employees of the erstwhile 'PRDA' to the Corporation.

Let this matter appear under the same heading on cause list after two weeks i.e. on 21.07.2020.

(Rajeev Ranjan Prasad, J) avin/-

U Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.

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Patna High Court - Orders