Patna High Court: A Single Judge Bench of Madhuresh Prasad, J. allowed a civil writ petition filed by an employee seeking direction that execution of the new agreement by him would not deprive him of benefits available to him by way of the agreement executed earlier.
Petitioner, a Panchayat Rojgar Sevak, was terminated from his service on account of some allegations. The Collector, Muzaffarpur while considering the matter found that the allegations against him were technical in nature and that there was a recommendation of the Block Programme Officer, Muzaffarpur that he should be given benefit of doubt. As such, an order terminating petitioner’s services was set aside by the District Magistrate and the Deputy Development Commissioner, Muzaffarpur was directed to ensure that the petitioner is allowed to join as Panchayat Rojgar Sevak. Pursuant thereto the Deputy Development Commissioner directed the petitioner to execute a new agreement so that he may be allowed to resume his contractual engagement as Panchayat Rojgar Sevak.
The present petition was filed apprehending that if the petitioner executes a new agreement he would be deprived of the benefits of his earlier services if any is available to him or others similarly situated in the future.
The Court clarified that in the event such an agreement is executed since the order of the District Magistrate had set aside petitioner’s earlier termination order, therefore the benefits, if any, arising out of his contractual status prior to setting aside of his termination could not obliterate in any manner. [Sanjay Kumar v. State of Bihar, 2019 SCC OnLine Pat 35, decided on 10-01-2019]