Patna High Court - Orders
Pratap Narayan Singh vs The State Of Bihar on 9 July, 2020
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)
Civil Writ Jurisdiction Case No.12169 of 2019
======================================================
Pratap Narayan Singh
... ... Petitioner
Versus
The State of Bihar & Ors.
... ... Respondents
======================================================
Appearance :
For the petitioner :- Shekhar Singh, Advocate
For the State :- Mr. Abbas Haider SC 6
For the PMC :- Mr. Prabhakar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
4 09-07-2020Having gone through the counter affidavit filed on behalf of the Patna Municipal Corporation (hereinafter referred to as the 'Corporation'), this Court finds that the Corporation is required to say something more which is relevant for the purpose of present case. They are required to come out with specific affidavit clearly saying that what were the terms and conditions of merger. The relevant notifications are to be brought on record as it is the case of the petitioner that it was a case of smooth transfer of the employees of the erstwhile Patna Regional Development Authority (in short 'PRDA') in the Corporation, hence, all those terms and conditions of service which were applicable to the employees of the Corporation would be applicable to him.
Mr. Shekhar Singh, learned counsel representing the petitioner has pointed out that in the affidavit it is alleged that 173 Patna High Court CWJC No.12169 of 2019(4) dt.09-07-2020 2/2 files received by the petitioner regarding Plan Case has not been returned and NOC has not been received for which the Additional Municipal Commissioner (Establishment) has written a letter as contained in Annexure 'A' but on perusal of Annexure 'A' it would appear that it no where talks of 173 files. The limited document mentioned in Annexure 'A' is the Movement Register and Receiving Register.
In the counter affidavit since the respondent authorities have accepted that the petitioner is entitled for the first ACP and second ACP and his name is at serial no. '8' so it's benefit will be provided to the petitioner, it is expected that payment for which the petitioner has already been found entitled must be made available to him within four weeks from today.
As prayed by Mr. Prabhakar Singh, in order to answer the aforesaid issues which has come for discussion in course of hearing, the matter is being adjourned for four weeks to enable him to file supplementary counter affidavit.
List this matter on 7th August, 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'.