Patna High Court - Orders
Sri Bidyanand Singh And Ors vs The Union Of India And Ors on 26 June, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1621 of 2017
In
Civil Writ Jurisdiction Case No.7268 of 2015
======================================================
1. Sri Bidyanand Singh and Ors S/o- Late Damodar Prasad Singh, R/o- Flat
No. 34, Kamla Apartment, Road No. 10, Patel Nagar, Patna- 800 023 was
posted as Senior Law Officer, in Bihar State Pollution Board, Bihar, Patna.
2. Sri S.P. Roy, S/o- Sri Surendra Prasad Roy, R/o- Mahabir Path, West Patel
Nagar, P.O.- Shastrinagar, Patna- 800 023 at presently serving as Assistant
Environment Engineer in Bihar State Pollution Board, Bihar, Patna.
3. Sri Arjun Prasad Singh, S/o- Kishori Prasad Singh, R/o- Beer Kuwar Singh
Nagar, Janta Road, Purani Jakkanpur, Patna- 800 001 was posted as
Administrative Officer, in Bihar State Pollution Board, Bihar, Patna.
4. Sri S.N. Rao, S/o- Late Raha Rao, R/o- 401, Blue Bell, Prime's Himadrai
Towers, Bosh Ameeri Kukat Polly, Hyderabad- 500 072 was posted as
Member Secretary, in Bihar State Pollution Board, Bihar, Patna.
5. Sri Nan Kumar, S/o- Sri Ramroop Mahto, R/o- Rajwanshi Nagar Road No. 2
Extn., P.O. P.S.- Shastrinagar, Patna-23 at presently serving as Assistant
Environment Engineer, in Bihar State Pollution Board, Bihar, Patna.
6. Sri Shambhu Nath Jha, S/o- Late Chandra Deo Jha, R/o- Vill P.O.-
Kachahari, Via- Jamunia, District- Madhubani as presently serving as Junior
Environmental Engineer, in Bihar State Pollution Board, Bihar, Patna.
7. Sri S.N. Thakur, S/o- Late Narain Dutta Thakur, R/o- Flat no. 104, Rishav
Apartment, Ashiana- Digha Road, P.O.- Ashiana Nagar, Patna- 800 025 as
presently serving as Junior Environmental Engineer, in Bihar State Pollution
Board, Bihar, Patna.
9. Sri Devi Das Goswami, S/o- Sri Badal Chandra Goswami, R/o- Moitra
Apartment, Block- 13, Yarpur, DVC Road, Patna- 800001 at presently
serving as Upper Division Clerk, in Bihar State Pollution Board, Bihar,
Patna.
10. Sri Birendra Kumar, S/o- Late K.P. Shrivastava, R/o- Plot No. 218/D,
Patliputra Colony, Patna- 800 013 was posted as Public Relations Officer.
11. Sri A.K. Gupta, S/o- Late Saryug Prasad Gupta, R/o- 201, Chaturbhuj
Apartment, East of College of Commerce, Munna Chak, Kankarbagh, Patna-
800020 at presently serving as Assistant Environmental Engineer, in Bihar
State Pollution Board, Bihar, Patna.
12. Sri Nasiuddin Mian, S/o- Late Khalil Mian, R/o- Darbar Building, Main
Road, Karbala, Phulwar Sharif, Patna- 801505 was posted as Budget and
Account Officer, in Bihar State Pollution Board, Bihar, Patna.
13. Sri Jayant Kumar Lal, S/o- Late Alfred Lal, R/o- C/o Anand Lal, Bikhachak,
P.O.- Anishabad, P.S.- Gardanibagh, Patna- 800002 was posted as Section
Officer, in Bihar State Pollution Board, Bihar, Patna.
14. Sri S.S. Prasad, S/o- Late Raudi Lal, R/o- Gardanibagh, Alkapuri, P.O.-
Anishabad, Patna- 800002 at presently serving as Assistant Scientific
Officer, in Bihar State Pollution Board, Bihar, Patna.
Patna High Court L.P.A No.1621 of 2017(10) dt.26-06-2025
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15. Sri Sain Kumar, S/o- Late Gang Prasad Singh, R/o- Vill P.O P.S- Marachi,
Dist- Patna at presently serving as Junior Environmental Engineer, in Bihar
State Pollution Board, Bihar, Patna.
16. Sri S.D. Prakash, S/o- Sri Satyanayaran Paswan, R/o- At P.O.- Maula Kamla
Gopalpur, P.S.- Maner, District- Patna at presently serving as Assistant
Scientific Officer, in Bihar State Pollution Board, Bihar, Patna.
17. Sri R.U. Mahto, S/o- Sri Aklu Mahto, R/o- At P.O.- Nathudwar, Via- Singhia
Ghat, District- Samastipur at presently serving as Assistant Environmental
Engineer, in Bihar State Pollution Board, Bihar, Patna.
18. Sri G.K. Mandal, S/o- Sri Bauajee Mandal, R/o- At P.O.- Bariyartu, Dist-
Ranchi at presently serving as Assistant Scientifice Officer, in Bihar State
Pollution Board, Bihar, Patna.
19. Sri Shashi Bhushan Kumar, S/o- Late Bindeshwar Prasad Singh, R/o-
Gajadhar Chak, Gola Road, P.O.- Danapur Cantt, Patna was posted as
Deputy Analyst, in Bihar State Pollution Board, Bihar, Patna.
20. Sri Devendra Sharma, S/o- Late Ramchanddra Sharma, R/o- Harishchandra
Nagar, Sipara, P.O.- Dhelwa, Patna- 800020, was posted as Sample Taker, in
Bihar State Pollution Board, Bihar, Patna.
21. Sri Dinesh Kumar, S/o- Late Lakhan Singh, R/o- At Mahavir Nagar, Via-
Saichak, P.O. P.S.- Beur, Patna, at presently serving as Assistant
Environmental Engineer, in Bihar State Pollution Board, Bihar, Patna.
22. Sri Chandrika Ram, S/o- Late Harwanch Ram, R/o- Bahari Dhawalpura,
Patnacity, Patna, at presently serving as Peon, in Bihar State Pollution
Board, Bihar, Patna.
23. Sri K. Chaudhary, S/o- Sri Suresh Mohan Thakur, R/o- Kalapana
Madhususan Sharma New Punaichak, Hanuman Nagar, Patna at presently
serving as Peon, in Bihar State Pollution Board, Bihar, Patna.
24. Sri A.K. Shrivastava, S/o- late J.P. Shivastava, R/o- Flat No. 202, Pavitra
Apartment, D.V.C. Road New Yarpur, Patna- 800001 at presently serving as
Laboratory Assistant, in Bihar State Pollution Board, Bihar, Patna.
25. Sri Ravindra Sharma, S/o- Late Rajendra Kumar Chaudhary, R/o- Sheela
Sadan Road, No.- 1-D, Saichak, Beur, Anishabad, Patna- 800002 at present
serving as Upper Division Clerk, in Bihar State Pollution Board, Bihar,
Patna.
26. Smt. Geeta Kumar, D/o- Late Kailash Rajak, W/o- Sri Ravindra Lal, Vill-
Dhirachak, PO- Anishabad, Patna- 800002 at presently serving as Assistant,
in Bihar State Pollution Board, Bihar, Patna.
27. Sri J.K.P. Singh, S/o- Sri Ramp Prasad Singh, R/o- Ganpati Nagar,
Chandmari Road No. 8, Kankarbagh, Patna- 800020 at presently serving as
System Analyst, in Bihar State Pollution Board, Bihar, Patna.
28. Sri Anil Kumar, S/o- Sri Ganesh Singh, R/o- Vill- Pokhra Mohalla- Gudari
Bazar, P.O.- Hajipur, Vaishali, at presently serving as Assistant
Environmental Engineer, in Bihar State Pollution Board, Bihar, Patna.
29. Sri B. Mahapatra, S/o- Late Brajendra Mahapatra, R/o- 201, Apoorva
Apartments, Yarpur Road, Patna- 800001 at presently serving as Section
Officer, in Bihar State Pollution Board, Bihar, Patna.
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30. Sri R.K. Chaudhary, S/o- Sri Dhaneshwar Chaudhary, R/o- Mohalla-
Punaichak, P.O.- Shastrinagar, Patna- 800023 at presently serving as
Accountant, in Bihar State Pollution Board, Bihar, Patna.
31. Sri Deo Chand Chaudhary, S/o- Sri Dah Chaudhary, R/o- Mohalla- East
Lohanipur, PO PS- Kadamkuan, Patna at presently serving as Accounts
Clerk, in Bihar State Pollution Board, Bihar, Patna.
32. Sri R.P. Yadav, S/o- Late Rameshwar Prasad Yadav, R/o- Bapu Path,
Purandarpur, Patna- 800001 at presently serving as Accounts Clerk, in Bihar
State Pollution Board, Bihar, Patna.
33. Sri Shashi Ranjan, S/o- Sri Deenanath Singh, R/o- Saraswati Vihar Colony,
Ambedkar Path, Rukanpura, Patna- 800014 at presently serving as Accounts
Clerk, in Bihar State Pollution Board, Bihar, Patna.
34. Sri Ranjeet Kumar Singh, S/o- Late Raja Ram Prasad, R/o- Gautam Nagar,
Gardanibagh, Patna- 800001 at presently serving as Assistant, in Bihar State
Pollution Board, Bihar, Patna.
35. Sri Yogendra Prasad, S/o- Sri Lakeshwar Prasad, R/o- Vill- Paharpur, P.O.-
Verma, Dist- Gaya at presently serving as Steno, in Bihar State Pollution
Board, Bihar, Patna.
36. Smt. Ranju Kumari, S/o- Late Basu Chandra Dutta, R/o- C/o Sujit Kumar
Chaudhary, DVC Colony, Near Durga Mandir, Jakkanpur, Patna- 800001 at
presently serving as Steno, in Bihar State Pollution Board, Bihar, Patna.
37. Sri Brijlala Prasad, S/o- Late Buldel Raut, R/o- Urmila Nivas near House of
Pappu Electronic New Purandarpur, P.O.- GPO, Patna- 800001 at presently
serving as Sample Taker, in Bihar State Pollution Board, Bihar, Patna.
38. Sri Awadhesh Prasad Sharma, S/o- Late Ambika Prasad Sharma, R/o-
Mahavir Nagar, Anishabad, Beur, Patna at presently serving as Peon, in
Bihar State Pollution Board, Bihar, Patna.
39. Sri Dipu Kumar, S/o- Late Shiv Nath Rajak, R/o- Naya Tola, Khajanchi
Road, Patna- 4 at presently serving as Peon, in Bihar State Pollution Board,
Bihar, Patna.
40. Sri Asarfi Ray, S/o- Sri Ramjee Ray, R/o- Vill- Harpur, P.O.- Pipra Kothi,
P.S.- Pipra Kothi, District- East Champaran at presently serving as Peon, in
Bihar State Pollution Board, Bihar, Patna.
41. Sri Dinesh Rajak, S/o- Sri Gopi Rajak, R/o- Naya Tola, Khajanchi Road,
P.O.- Bankipur, Patna at presently serving as Peon, in Bihar State Pollution
Board, Bihar, Patna.
42. Sri Binod Lal, S/o- Sri Jai Narain Lal, R/o- Loco Colony, Quarter 225/B-
Jamalpur, Dist- Munger at presently serving as Peon, in Bihar State
Pollution Board, Bihar, Patna.
43. Sri Awadhesh Prasad, S/o- Late Nepali Ray, R/o- Vill- Paithani Nathupur,
POPS- Beur, Patna at presently serving as Peon, in Bihar State Pollution
Board, Bihar, Patna.
44. Sri Krishan Kumar, S/o- Late Nudip Sah, R/o- Ambedkar Chak, Bhangal
Gauri Mandir near Vishanpur, Chitkohara, Patna at presently serving as
Peon, in Bihar State Pollution Board, Bihar, Patna.
45. Sri Ramjee Prasad, S/o- Late Sheo Chari Prasad, R/o- Kamla Niwas,
Patna High Court L.P.A No.1621 of 2017(10) dt.26-06-2025
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Paithani Nathupur, POPS- Beur, Patna at presently serving as Peon, in Bihar
State Pollution Board, Bihar, Patna.
46. Sri Dinesh Singh, S/o- Late Sidh Nath Singh, R/o- Vill- Bakshu,P.O.-
Bindidih, P.S.- Rajgir, District- Nalanda at present Mahavir Nagar, IOC,
Pipe Line, Beur Jail Road, Anishabad, Patna- 2 at presently serving as Peon,
in Bihar State Pollution Board, Bihar, Patna.
47. Sri Ashok Prasad, S/o- Late Ram Prasad Ram, R/o- Hasanpura Road,
Mahavir Colony, P.O. P.S.- Beur, Patna at presently serving as Upper
Division Clerk, in Bihar State Pollution Board, Bihar, Patna.
48. Sri Satyabrat Singh, S/o- Late Upendra Narayan Sinha, R/o- Behind Durga
Mandir, at Dhirachak, P.O.- Anishabad, Patna- 800002 was posted at Section
Officer, in Bihar State Pollution Board, Bihar, Patna.
49. Sri Sudhir Kumar Das, S/o- Late Beni Madhav Das, R/o- Shanti Sadan,
Bakarganj, Gola Road, P.O.- Bankipur, Patna- 800004 at presently serving as
Assistant, in Bihar State Pollution Board, Bihar, Patna.
50. Sri S.N. Jayaswal, S/o- Late K.P. Jayaswal, R/o- Atardah, P.O.- Ramna,
Muzaffarpur- 842002 at presently serving as Board Analyst, in Bihar State
Pollution Board, Bihar, Patna.
51. Sri F.A. Shamshi, S/o- Md. Israfil, R/o- At P.O.- Jalkura, P.S. District-
Khagaria at presently serving as Sample Taker, in Bihar State Pollution
Board, Bihar, Patna.
52. Sri Dilip Paswan, S/o- Late Ramdeo Paswan, R/o- Vill Mohiuddinpur, PS-
Hassanpur, District- Samastipur at presently serving as Driver, in Bihar State
Pollution Board, Bihar, Patna.
53. Smt. Sahnaj Bano, D/o- Md. Salim, W/o Late Khurshid Alam, R/o- Vill-
Jalkaura, P.O.- Jalkaura, Dist- Khagaria at presently serving as Peon, in
Bihar State Pollution Board, Bihar, Patna.
54. Sri B.C.P. Singh, S/o- Sri Ram Shestha Singh, R/o- House No. 89, Near
Bank of India, Rajendra Nagar, R.V. Avenue, Patna- 800016 was posted as
Assistant Environmental Engineer, in Bihar State Pollution Board, Bihar,
Patna.
55. Sri Arun Kumar, S/o- Sri Ram Nandan Sinha, R/o- 14, Shanti Niketan
Housing Colony, Kankarbagh, Patna at presently serving as Assistant
Scientific Officer, in Bihar State Pollution Board, Bihar, Patna.
56. Sri Krishna Sah, S/o- Late Naudip Sah, R/o- Ambedkar Chak, Bangal Gauri
near Vishanpur, Chitkohara, Patna at presently serving as Peon, in Bihar
State Pollution Board, Bihar, Patna.
57. Sri Umesh Kumar, S/o- Late Mestar Rajak, R/o- Mohallah- Dhirachak, P.O.-
Anishabad,Patna at presently serving as Tracer, in Bihar State Pollution
Board, Bihar, Patna.
58. Sri Narayan Yadav, S/o- Mohi Yadav, R/o- Vill- Shivnagar, P.O.- Rampati,
P.S.- Kumarkhand, Dist- Madhepura at presently serving as Peon, in Bihar
State Pollution Board, Bihar, Patna.
59. Sri Surendra Singh, S/o- Late Mohan Singh, R/o- Vill- Bahari Dhawalpura,
P.O.- Begampur, P.S.- Byepass, Patna City, Patna at presently serving as
Peon, in Bihar State Pollution Board, Bihar, Patna.
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... ... Appellant/s
Versus
1. The Union Of India and Ors
2. Secretary, Labour and Employment Department, Government of India, New
Delhi.
3. Regional Provident Fund Commissioner, Bhavishyanidhi Bhawan, R- Block,
Road No.- 06, Patna.
4. Assistant Provident Fund Commissioner, Bhavishyanidhi Bhawan, R-
Block, Road No.- 06, Patna.
5. State of Bihar through Secretary, Environment and Forest Department,
Government of Bihar, Sichai Bh
6. Secretary, Environment and Forest Department, Government of Bihar,
Sichai Bhawan, Patna.
7. Bihar State Pollution Control Board through its Chairman, Beltron Bhawan,
Shastri Nagar, Patna.
8. Chairman, Bihar State Pollution Control Board, Beltron Bhawan, Shastri
Nagar, Patna.
9. Member Secretary, Bihar State Pollution Control Board, Beltron Bhawan,
Shastri Nagar, Patna.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 1087 of 2017
In
Civil Writ Jurisdiction Case No.7268 of 2015
======================================================
1. Shailendra Kumar and Ors S/o Late Dr. Mahabir Das, R/o East Boring Canal
Road, Kamta Path. Rai Jee Gali. P.O.-G.p.o., P.S.-Buddha Colony, Patna-
800001.
2. Dr. Naveen Kumar, S/o Nand Kishore Prasad, R/o 21/163, Rajendra Nagar,
P.S.-Kadamkuan, Patna 800016.
3. Indu Shekhar Singh, S/o Dr. Maulichand Prasad, R/o 27 Guru Sahay Lal
Nagar, P.O.-Ashiana Nagar, P.S.-Rajeev Nagar, Patna 800025.
4. Arvind Kumar, S/o Late Keshav Prasad Cerma, R/o New Yarpur, Behind
Jhunjhun Mahal, P.O.-G.P.O., P.S.-Gardanibagh, Patna 800001.
5. Yamuna Prasad S/o Sri Ganga Ram, R/o Malti Niwas, Vishunpuri,
Ambedkar, Nahar Par, Chitkohra, P.O.-Anishabad, P.S.-Gardanibagh, Patna-
800001.
... ... Appellant/s
Versus
1. Union Of India and Ors
2. Secretary, Labour and Employment Department, Government of India, New
Delhi.
Patna High Court L.P.A No.1621 of 2017(10) dt.26-06-2025
6/8
3. Regional Provident Fund Commissioner, Bhavishyanidhi Bhawan, R-Block,
Road No.06,Patna.
4. The Assistant Provident Fund Commissioner, Bhavishyanidhi Bhawan, R-
Block, Road No. 06, Patna.
5. State of Bihar through Secretary, Environment and Forest Department,
Government of Bihar, Sichi Bha
6. Secretary, Environment and Forest Department, Government of Bihar,
Sichai Bhawan, Patna.
7. Bihar State Pollution Control Board Through Its Chairman, Beltron Bhawan,
Shastri Nagar, Patna.
8. Chairman, Bihar State Pollution Control Board, Beltron Bhawan, Shastri
Nagar, Patna.
9. The Member Secretary, Bihar State Pollution Control Board, Beltron
Bhawan, Shastri Nagar, Patna.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 1621 of 2017)
For the Appellant/s : Mr. Siddhartha Prasad, Advocate
Mr. Kaustubh, Advocate
Mr. Om Prakash Kumar, Advocate
For the Respondent/s : Mr. Servesh Kr.Singh, Aag13
Ms. Binita Singh, Advocate
Mr. Prashant Sinha, Advocate
Mr. Parijat Saurav, Advocate
Mr. Abhimanyu Singh, Advocate
(In Letters Patent Appeal No. 1087 of 2017)
For the appellant/s : Mr. Siddhartha Prasad, Advocate
Mr. Kaustubh, Advocate
For The Respondent/S : Mr.Sarvesh Kumar Singh-Aag13
Ms. Binita Singh, Advocate
Mr. Parijat Saurav, Advocate
Mr. Prashant Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
10 26-06-2025Appellants have assailed the order of the learned Single Judge dated 20.06.2017. The appellants who are petitioners before the learned Single Judge have sought for the following reliefs :
Patna High Court L.P.A No.1621 of 2017(10) dt.26-06-2025 7/8 "(a) For issuance of appropriate writ(s), orders(s), direction(s) to hold and declare that Bihar State Pollution Control Board will not come within the purview of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.
(b) For issuance of appropriate writ(s), order(s), direction (s) commanding the respondents especially Bihar State Pollution Control Board to make payment of G.P.F. and pension to its retired or likely to retire employees at par with the employees of the State Government.
(c) For any other relief (s) that the petitioners are entitled to in the facts and circumstances of the case."
2. Perusal of the documents annexed with the writ petition, it is evident that appellants are entitled to have the service benefits on par with the State government employees from the year 1986 till 27.01.1995 including G.P.F. The Board proceeded to pass order on 28.01.1995 to the extent that E.P.F provision is applicable to the employees of the Bihar State Pollution Control Board. The appellants have not assailed the decision dated 28.01.1995 by which their service conditions have been altered pursuant to the earlier decision in respect of adopting State Service Rules to the employees of Bihar State Pollution Control Board, on the other hand, appellants have sought for declaration. Unless and until decision dated Patna High Court L.P.A No.1621 of 2017(10) dt.26-06-2025 8/8 28.01.1995 is nullified by the competent forum with a specific prayer on behalf of the appellants, the appellants have not made out a case in seeking only declaration.
3. Further, it is to be noticed that declaration is in respect of the Employees' Provident Fund and Miscellaneous Provision Act 1952 would not be applicable to the Bihar State Pollution Control Board. This would be the subsequent prayer with reference to seeking quashing of the Board's decision dated 28.01.1995, therefore, the appellants are at liberty to file fresh writ petition in assailing the order dated 28.01.1995 in the manner known to the law. Whatever the observations made by the learned Single Judge would not be hurdle insofar as assailing the order dated 28.01.1995.
4. With the above observations, both the LPAs stand disposed of.
5. Pending I.A., if any, stands disposed of.
(P. B. Bajanthri, J) (S. B. Pd. Singh, J) GAURAV S./-
U