Dismissed

Tula Kant Jha and Ors. v. The State Of Bihar and Ors.

Patna HC22 Feb 2017MJC/1378/2016

Case brief

AI extract

What is this about?

This is a contempt proceeding where the High Court observed that the opposite parties' delay in making payments to petitioners was not deliberate. The court disposed of the matter with an observation directing payment. Later, the judgment states that if payment is not made within four weeks, the contempt proceeding shall revive.

What did the court decide?

Observation directing entire payment to be made within four weeks; warning that failure to comply will revive the contempt proceeding.

Tula Kant Jha and Ors. Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Miscellaneous Jurisdiction Case No.1378 of 2016

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======================================================

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Tula Kant Jha S/o Late Rajeshwar Jha R/o At+P.O.- Nabkarhi, P.S.Arerhat, Distt- Madhubani, Superanuated from the post of Assistant Engineer, Rural Works DEpartment, Works Division, Office of the Executive Engineer, Imamgaj (Gaya), Distt- Gaya

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Anand Gopal S/o Late Ram Bahadur Mishra R/o Village- Pachamba, P.O. Suhird Nagar, P.S. & Distt- Begusarai. At present Posted as Assistant Engineer, in Rural Works Department, Works Division, Lakhisarai

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Bijendra Prasad Singh Yadav S/o Late Mangal Prasad Yadav R/o Yadav Niwas, Yadav Path, At + P.O. Bishnupur Pakri, P.S.- Beur, Distt- Patna, At present posted as Assistant Engineer, Rural Works Department, in the office of Exceutive Engineer, Works Division, Jehanabad

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Nirankar Malviya S/o Late Hargouri Tiwari R/o At+post- Mahadeo Simariya, P.S. Sikandra, Distt- Jamui. At present Posted as Assistant Engineer, Rural Works Department posted on deputation in Local Area, Engineering Organisation, Works Division No. 1, Chapra in the office of Executive Engineer, L.A.E.O. Works Division, Chapra

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Karamchand sah S/o LAte Dwadshi Sah Resident of Village- Tekniwash, P.O. Kachnar, P.S. Revilganj, Distt- Chapra (Saran), Superannuated From the post of Assistant Engineer, While posted in the office of Executive Engineer, Rural Works Department, Works Division, Ara

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Chandra Prakash Narain Shahi S/o Late Kapildeo Prasad Shahi Resident of Chhapra Lodi Urf Maripur, Race Course Chakkar South, P.S. Kazimohammadpur, Distt- Muzaffarpur, At Present posted as Estimate Officer, Rural Works Department, Office of the Executive Engineer, Works Division, Araria, Distt- Araria

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Suresh Prasad Singh, S/o Late Uchit Narayan Yadav, R/o VillageKeshuli, P.S.- Benipati, Distt- Madhubani, at present posted as Assistant Engineer, in the Office of Executive Engineer, Rural Works Department, Work Division Darbhanga-1.

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Ram Surat Singh, S/o Late Shankar Singh, R/o Village- Chhitratand, P.S.- Chenari, Distt- rohtas, at present posted as Assistant Engineer, in the Office of Executive Engineer, Rural Works Department, Work Division, Dhanka, East Champaran.

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Sudama Sharma, S/o Late Birda Sharma, At+PO- Thakuri, PS- Paliganja, Distt- Patana, at presnet posted as Assistant Engineer, in the Office of Executive Engineer, Building Construction Department, Works Division, Ara.

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Dinesh Prasad Singh, S/o Late Ram Narayan Singh, R/o Pirthvipur Chiraiyantarn, 1st Lane, Patna, P.S.- Kankarbagh, Post- G.P.O., DisttPatna, at presnet posted as Assistant Engineer, Rural Work Department,in the Office of Executive Engineer, Division- Aurangabad.

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Amrendra Kumar, S/o Late Ram Sarekh Singh, R/o Village- Jagdishpur, Post- Jandaha, P.S.- Jandaha, Distt- Vaishali, Superannuated from the post of Assistant Engineer, Rural Works Department, Office of the Executive Engineer, Works Division, Madhubani.

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Pankaj Kumar Singh, Son of Late Mala Chaudhur, R/o VillageMaripur, Post & P.S.- Phulwaria, District- Gopalganj, A/p posted as Assistant Engineer, Rural Works Department, Office of the Executive

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Patna High Court MJC No.1378 of 2016 (4) dt.22-02-2017

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2/3

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Engineer, Works Division, Sonepur.

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.... .... Petitioner/s

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Versus

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The State of Bihar through Sri Vijay Prakash, the Agriculture Production Commissioner, Department of Agriculture, New Secretariat, Bihar, Patna. 2. Sri Vijay Prakash, The Agriculture Production Commissioner, Department of Agriculture, New Secretariat, Bihar, Patna.

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Sri B. Kartikey, The Administrator, Bihar State Agriculture Marketing Board (Dissolved), Pant Bhawan, Bailey Road, Patna.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Jai Prakash Verma For the Respondent/s : Mr. G. A. 7

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====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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4 22-02-2017 Heard learned Counsel for the parties

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concerned.

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It has been pointed out on behalf of the opposite parties, with reference to the show cause reply filed on their behalf, that recommendations have already been made for payment to the petitioner in the light of order of this Court, dated 13.05.2014. He also submits that since calculations have not been made, it may take sometime for making payment.

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In view of the subsequent conduct of the opposite parties, I am of the view that the violation of the order, on the part of opposite parties, cannot be said to be deliberate.

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This application is accordingly disposed of with

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Patna High Court MJC No.1378 of 2016 (4) dt.22-02-2017

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an observation that entire payment must be made to the petitioner within a period of four weeks from today, failing which this contempt proceeding shall revive.

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(Chakradhari Sharan Singh, J.)

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Prabhakar Anand/-

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U √ T X

Tula Kant Jha and Ors. v. The State Of Bihar and Ors.

Case brief

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Tula Kant Jha and Ors. v. The State Of Bihar and Ors.

Case brief

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