Dismissed

Smt. Lilavati Devi and Ors. v. The State Of Bihar and Ors.

Patna HC10 Apr 2013CWJC/22940/2012

Case brief

AI extract

What is this about?

In a writ petition filed by Class-IV employees of Chapra Nagar Parishad for unpaid salaries and financial benefits, the Patna High Court declined to grant a writ of mandamus. Instead, it granted liberty to the petitioners to file representations before the concerned officer for reasoned disposal.

What did the court decide?

Liberty granted to petitioners to file detailed representations before Respondent No. 5 within one month for disposal of their claims within six months via reasoned order.

Smt. Lilavati Devi and Ors. Vs The State Of… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22940 of 2012

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====================================================== 1. Smt. Lilavati Devi W/o Dashrath Ram, Resident of Telpa Gorh, Telpa, Police Station - Chapra Muffasil, District Chapra 2. Smt. Eklawati W/o Late Ashok Ram, Resident of Nai Nagari, Police Station Chapra Muffasil, District Chapra 3. Ram Lakhan S/o Late Ram Gulam, Resident of Daldali Bazar, Police Station - Town, District - Chapra 4. Smt. Gyanti W/o Late Geyul, Resident of Jagdamba Road, Dahiyawan, Police Station - Town, District Chapra 5. Smt. Goghwa W/o Mangal, Resident of Daldali Bazar, Police Station - Town, District - Chapra 6. Smt. Lakhia W/o Biru, Resident of Jagdamba Road, Dahiyawan, Police Station - Town, District Chapra 7. Smt. Kalawati W/o Munilal, Resident of Jagdamba Road, Dahiyawan, Police Station - Town, District Chapra 8. Smt. Kushmi W/o Hotilal, Resident of Jagdamba Road, Dahiyawan, Police Station - Town, District Chapra 9. Rajan Son of Late Hira, Resident of Chhota Telpa, Police Station - Town District - Chapra 10. Smt. Lalmuni W/o Sri Belas, Quarter No. 42/B, Railway Colony, Chapra Kachahari, Police Station - Town, District Chapra 11. Shanti Devi @ Shanti Mehtrani W/o Akali Mehtar Resident of Chhota Telpa, Police Station - Town, District - Chapra 12. Nanhe Ram Son of Late Sajjan, Resident of Chhota Telpa, Police Station - Town, District - Chapra .... .... Petitioner/s Versus 1. The State Of Bihar through the Chief Secretary, Old Secretariat, Patna 2. The Principal Secretary, Urban Development and House Department, Govt. Of Bihar, Patna 3. The Chapra Nagar Parishad through its Chairman, Chapra 4. The Chairman, Chapra Nagar Parishad, Chapra 5. The Executive Officer, Nagar Parishad, Chapra .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Gyan Prakash, Advocate Mr. Sharwan Kumar, Advocate For the Respondent Nos. 1&2: Mr. Nirbhay Kr. Singh GP-26 For the Respondent Nos. 3 to 5: Mr. Rakesh Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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3 10-04-2013 Heard the parties.

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Patna High Court CWJC No.22940 of 2012 (3) dt.10-04-2013

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The petitioners, 12 in numbers, have approached this Court under Article 226 of the Constitution of India for the reliefs enumerated in paragraph-1 of the writ petition, which read as follows:-

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“That this writ application is being filed for issuance of a writ of mandamus commanding the Respondents to pay difference of pay from April, 1989 to March, 1993, Financial benefits of fifth and sixth pay revision like State Govt. servants in pursuance of decision of Empowered Committee of Nagar Parishad Chapra on 12.3.2010, salary of June to August, 1999 of strike period which have given to all General Section Staff, financial benefits of pay revision w.e.f. 1.4.1997 instead of 1.1.2009 in pursuance of Finance Department Resolution No. 660 dated 8.2.1999 and salary of the petitioners for last 16 to 19 months.”

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The learned counsel for the petitioners submits that petitioners are/were permanent Class-IV employees of Chapra Nagar Parishad appointed by the competent authority. He further submits that though all the petitioners are entitled for the financial benefits, as has been claimed in para-1 of the writ petition, and though they have filed their representations before the respondent no. 5 for redressal of their valid grievances, yet neither admitted dues of the petitioners are being paid on one pretext or the other, nor their representations have been rejected till date.

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Patna High Court CWJC No.22940 of 2012 (3) dt.10-04-2013

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After having heard the parties and on consideration of the materials available on record as also taking into consideration the nature of the claims raised in the present proceeding, this Court is of the opinion that no useful purpose shall be served by keeping this matter pending any longer before this Court. However, interest of justice would be sub served if the petitioners are granted liberty to file their separate representations with all supporting documents before the respondent no. 5 raising all the grievances, which have been raised in the present proceeding. It is ordered accordingly.

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If such separate representations are filed on behalf of each of the petitioners with all supporting documents as also with a certified copy of the present order before the respondent no. 5 within a period one month from today, then the same shall be considered and disposed of strictly in accordance with law by a reasoned and speaking order. If on consideration of the materials the respondent no. 5 comes to a conclusion that the claims raised on behalf of the petitioners are admissible to them, then he shall further be obliged to issue consequential order for grant of such admissible reliefs to the petitioners without any unnecessary delay.

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Entire exercise must be completed by the

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Patna High Court CWJC No.22940 of 2012 (3) dt.10-04-2013

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respondent no. 5 within a maximum period of six months from the date of filing of separate representations by each of the petitioners with all supporting documents.

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The present application stands finally disposed of with the observations and directions made above.

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RPS/-

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(Birendra Prasad Verma, J)

Smt. Lilavati Devi and Ors. v. The State Of Bihar and Ors.

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Smt. Lilavati Devi and Ors. v. The State Of Bihar and Ors.

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