Lallan Prasad Singh @ Lalan Prasad Singh vs The State Of Bihar & Ors on 15 May, 2017

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Patna High Court

Lallan Prasad Singh @ Lalan Prasad Singh vs The State Of Bihar & Ors on 15 May, 2017

Bench: Jyoti Saran

      IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.14307 of 2016
===========================================================
Abinash Kumar Singh Son of late Mangal Prasad Singh Resident of Village -
Gotthani, P.S. - Rafiganj, District - Aurangabad, Bihar      .... .... Petitioner
                                        Versus
1. The State of Bihar through Secretary, Department of Urban Development,
Government of Bihar, Patna.
2. The Secretary, Department of Urban Development, Government of Bihar, Patna.
3. The Patna Municipal Corporation at Patna, through the Commissioner, Patna
Municipal Corporation, Patna.
4. The Commissioner, Patna Municipal Corporation, Maurya Lok, Patna.
                                                            .... .... Respondents
                                         with

===========================================================
                  Civil Writ Jurisdiction Case No. 14278 of 2016
===========================================================
Lallan Prasad Singh @ Lalan Prasad Singh, son of late Shyam Singh, resident of
village Hathiyawan, P.S. + District Sheikhpura, Bihar         .... .... Petitioner
                                       Versus
1. The State of Bihar, through Secretary, Department of Urban Development,
    Govt. of Bihar, Patna
2. The Secretary, Department of Urban Development, Govt. of Bihar, Patna
3. The Patna Municipal Corporation at Patna, through the Commissioner, Patna
    Municipal Corporation, Patna
4. The Commissioner, Patna Municipal Corporation, Maurya Lok, Patna
                                                             .... .... Respondents
===========================================================
        Appearance :
        (In CWJC No.14307 of 2016)
        For the Petitioner/s    : Mr. Surendra Kumar Singh, Adv.
        For the Respondent/s    : Mr. Rajiv Roy, GP1
        For the Corporation      : Mr. Prasoon Sinha, Adv.
        (In CWJC No.14278 of 2016)
        For the Petitioner/s    : Mr. Surendra Kumar Singh, Adv.
        For the Respondent/s    : Mr. Subhash Pd. Singh, GA3
        For the Corporation     : Mr. Prasoon Sinha, Adv.
===========================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL JUDGMENT
Date: 15-05-2017
              Heard Mr. Surendra Kumar Singh, learned counsel for the

   petitioner in the two writ petitions, learned counsel for the State and

   Mr. Prasoon Sinha, learned counsel appearing for Patna Municipal

   Corporation in each of the two writ petitions.

              Since the issue raised in the two writ petitions is identical
 Patna High Court CWJC No.14307 of 2016 dt.15-05-2017                             2




        hence both have been heard analogous and with the consent of the

        parties are being disposed of at the stage of admission itself by this

        common judgment.

                    The petitioners in the two writ petitions pray for a direction

        to the authorities of Patna Municipal Corporation including the

        Commissioner thereof to bring the petitioner(s) under the ambit of

        Patna Municipal Corporation Officers and Employee Pension Rule,

        1986 (hereinafter referred to as 'the Pension Rule') as also to extend

        all benefits and privileges of the said Pension Rule to the petitioner(s)

        of the two writ petitions, who were employees of erstwhile PRDA but

        have been absorbed in the Patna Municipal Corporation since after its

        dissolution.

                    The only dispute which arises for consideration is, whether

        these petitioners after their absorption in the Corporation, were

        entitled to the benefits under 'the Pension Rule' as applicable to the

        Corporation employees and for which a query was made by the

        Municipal Commissioner by letter dated 21.1.2017 addressed to the

        Principal Secretary, Urban Development and Housing Department, a

        copy of which is placed on record vide Annexure R3/B filed on behalf

        of the Corporation in each of the two writ petitions, as to how the

        pension cases of these employees of erstwhile PRDA who have been

        absorbed in Patna Municipal Corporation, is to be dealt with. It is in

        response to the query so made by the Municipal Commissioner
          Patna High Court CWJC No.14307 of 2016 dt.15-05-2017                           3




                 through his letter dated 21.1.2017, placed at Annexure R3/B, that the

                 Urban Development and Housing Department through the Director,

                 Municipality cum Joint Secretary has issued an advisory to the

                 Municipal Commissioner of Patna Municipal Corporation that the

                 cases of such of the employees who stood absorbed with the

                 Corporation would be governed in the same manner as the permanent

                 employees of the Corporation. A copy of such advisory dated

                 24.4.2017

of the Urban Development and Housing Department, Govt.

of Bihar has been placed on record vide Annexure 10 to the rejoinder to the counter affidavit.

Having heard learned counsel for the parties and considering that the query whatsoever engaging the Municipal Commissioner, Patna stands satisfied in the advisory present in the letter dated 24.4.2017 vide Annexure 10, it is now for the Municipal Corporation to enforce the same and let the Municipal Commissioner, Patna take a final decision to such effect within a period of six weeks from the date of receipt/ production of a copy of this order.

The writ petitions are allowed with the directions aforementioned.

(Jyoti Saran, J) Surendra/-

AFR/NAFR       NAFR
CAV DATE NA
Uploading Date 29.05.2017
Transmission NA
Date

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