Disposed

Raj Kumar Ram v. The State Of Bihar and Ors.

Patna HC30 Jul 2018CWJC/11986/2017

Case brief

AI extract

What is this about?

The High Court disposed of consolidated writ petitions concerning pay revision implementation for Nagar Parishad employees. The court directed the Parishad to forward employee service books within three months for State verification and subsequent payment.

What did the court decide?

Writ disposed; Nagar Parishad directed to submit service books within three months; Petitioners to be paid within three months of State approval.

Raj Kumar Ram Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 12268 of 2017

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

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Bindeshwari Devi, W/o Late Bhola Ram, R/o Suratganj (Near Private Bus Stand), P.O. + P.S. + District- Madhubani.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Secretary Urban Development Housing Department, Government of Bihar, New Secretariat, Patna.

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1. The Nagar Parishad, Madhubani through its Executive Officer. 3. The Executive Officer, Nagar Parishad, Madhubani.

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.... .... Respondent/s

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with

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

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Civil Writ Jurisdiction Case No. 12938 of 2017

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=========================================================== Beliya Devi, W/o Sri Buniyan Ram, R/o Private Bus Stand, P.O.+P.S.+DistrictMadhubani.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Secretary Urban Development Housing Department, Government of Bihar, New Secretariat, Patna.

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The Nagar Parishad, Madhubani through its Executive Officer. 3. The Executive Officer, Nagar Parishad, Madhubani.

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.... .... Respondent/s

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with

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=========================================================== Civil Writ Jurisdiction Case No. 12001 of 2017 =========================================================== Mahendra Ram S/o Late Hazari Ram, Resident of Private Bus Stand, Ward No. 02, P.O. + P.S. + District Madhubani.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Secretary Urban Development Housing Department, Government of Bihar, New Secretariat, Patna.

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The Nagar Parishad Madhubani through its Executive Officer.

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The Executive Officer, Nagar Parishad, Madhubani.

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.... .... Respondent/s

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with

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=========================================================== Civil Writ Jurisdiction Case No. 12113 of 2017 =========================================================== Amiyan Devi W/o Sri Muniya Ram Resident of Chbhachcha Chowk, Ambedkar

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Patna High Court CWJC No.12268 of 2017 dt.30-07-2018

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2/8

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Colony, P.O. + P.S. + District - Madhubani.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Secretary Urban Development Housing Department, Government of Bihar, New Secretariat, Patna.

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1. The Nagar Parishad Madhubani through its Executive Officer. 3. The Executive Officer, Nagar Parishad, Madhubani. .... .... Respondent/s

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with

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=========================================================== Civil Writ Jurisdiction Case No. 12508 of 2017

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=========================================================== Bina Devi W/o Sri Sushil Ram, Resident of Chbhachcha Chowk, Ambedkar Colony, P.O. + P.S. + District - Madhubani.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Secretary Urban Development Housing Department, Government of Bihar, New Secretariat, Patna.

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1. The Nagar Parishad, Madhubani through its Executive Officer. 3. The Executive Officer, Nagar Parishad, Madhubani. .... .... Respondent/s

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with

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=========================================================== Civil Writ Jurisdiction Case No. 14605 of 2017

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=========================================================== Chinta Devi W/o Sri Ram Ratan Ram R/o Babu Sahab Chowk, Ward No. 3, P.O. + P.S. + District - Madhubani.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Secretary Urban Development Housing Department, Government of Bihar, New Secretariat, Patna.

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1. The Nagar Parishad, Madhubani through its Executive Officer. 3. The Executive Officer, Nagar Parishad, Madhubani. .... .... Respondent/s

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with

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=========================================================== Civil Writ Jurisdiction Case No. 6339 of 2017

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=========================================================== Ramashish Ram S/o Late Makhan Ram, R/o Village- Praivat Bus Stand, Ward No. 07, P.O.+ P.S.- Madhubani, District- Madhubani.

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.... .... Petitioner/s

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Versus

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Patna High Court CWJC No.12268 of 2017 dt.30-07-2018

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3/8

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The State of Bihar through the Secretary, Urban Development Housing Department, Government of Bihar, New Secretariat, Patna.

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The Nagar Parishad, Madhubani through its Executive Officer. 3. The Executive Officer, Nagar Parishad, Madhubani.

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.... .... Respondent/s

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with

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=========================================================== Civil Writ Jurisdiction Case No. 5696 of 2017 ===========================================================

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Wakil S/o Late Md. Rafik R/o Village- Jagatpur, Ward No. 10, P.O. - Madhubani, P.S.- Rahika, District- Madhubani.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through the Secretary Urban Development Housing Department, Government of Bihar, New Secretariat, Patna.

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The Nagar Parishad Madhubani through its Executive Officer.

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The Executive Officer Nagar Parishad Madhubani

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.... .... Respondent/s with

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=========================================================== Civil Writ Jurisdiction Case No. 11986 of 2017

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=========================================================== Raj Kumar Ram, S/o Late Bachche Ram, Resident of Bhauara, P.O. + P.S. + District-Madhubani, Bihar.

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.... .... Petitioner/s Versus

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The State of Bihar through the Secretary Urban Development Housing Department, Government of Bihar, New Secretariat, Patna.

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The Nagar Parishad, Madhubani through its Executive Officer.

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The Executive Officer, Nagar Parishad, Madhubani.

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.... .... Respondent/s

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with

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=========================================================== Civil Writ Jurisdiction Case No. 2562 of 2018 =========================================================== Sabita Devi, W/o Sri Ram Prasad Ram, R/o Bhouara Ambedkar Nagar, Ward No. 26, P.O. + P.S. + District- Madhubani.

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.... .... Petitioner/s

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Versus

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1. The State of Bihar through its Principal Secretary, Urban Development & Housing Department Government of Bihar, Patna.

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1. The Executive Officer, Nagar Parishad, Madhubani.

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Patna High Court CWJC No.12268 of 2017 dt.30-07-2018

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.... .... Respondent/s

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with

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=========================================================== Civil Writ Jurisdiction Case No. 2860 of 2018 =========================================================== Chanda Devi, W/o Late Ganga Ram, R/o Bhouara Ambedkar Nagar, Ward No. 26, P.O. + P.S. + District- Madhubani. .... .... Petitioner/s Versus 1. The State of Bihar through its Principal Secretary, Urban Development & Housing Department Government of Bihar, Patna. 2. The Executive Officer, Nagar Parishad, Madhubani. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 17187 of 2017 =========================================================== Rameshwar Mahto, S/o Baldev Mahto, R/o Maharajganj, Ward No.-13, P.O. + P.S.+District-Madhubani (Bihar). .... .... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Urban Development Housing Department, Government of Bihar, Patna. 2. The Executive Officer, Nagar Parishad, Madhubani. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 3093 of 2018 =========================================================== Mina Devi W/o Sri Hari Ram R/o Bhouara Ambedkar Nagar, Ward No. 26, P.O. +P.S.+District- Madhubani. .... .... Petitioner/s Versus 1. The State of Bihar, through its Principal Secretary, Urban Development & Housing Department, Government of Bihar, Patna. 2. The Executive Officer, Nagar Parishad, Madhubani. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 2667 of 2018 =========================================================== Sukdev Ram, S/o Late Bache Ram, R/o Babusaheb Chowk, Ward No. 6, P.S.-

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Patna High Court CWJC No.12268 of 2017 dt.30-07-2018

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Madhubani, District- Madhubani.

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.... .... Petitioner/s

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Versus

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The State of Bihar through its Principal Secretary, Urban Development & Housing Department Government of Bihar, Patna.

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The Executive Officer, Nagar Parishad, Madhubani.

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.... .... Respondent/s

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=========================================================== Appearance : (In CWJC No.12268 of 2017) For the Petitioner/s : Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates For the Respondent/s : Mr. (In CWJC No.12938 of 2017) For the Petitioner/s : Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates For the State : Mr. Kinkar Kumar, S.C.9 Mr. Yogesh Kumar, A.C. to S.C. 9 (In CWJC No.12001 of 2017) For the Petitioner/s : Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates For the Respondent/s : Mr. (In CWJC No.12113 of 2017) For the Petitioner/s : Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates For the Respondent/s : Mr. (In CWJC No.12508 of 2017) For the Petitioner/s : Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates For the Respondent/s : Mr. (In CWJC No.14605 of 2017) For the Petitioner/s : Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates For the Respondent/s : Mr. (In CWJC No.6339 of 2017) For the Petitioner/s : Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates For the Respondent/s : Mr. (In CWJC No.5696 of 2017) For the Petitioner/s : Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates For the Respondent/s : Mr. (In CWJC No.11986 of 2017) For the Petitioner/s : Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates For the Respondent/s : Mr. (In CWJC No.2562 of 2018) For the Petitioner/s : Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates For the State : Mr. Rajiv Roy, G.P. 1

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Patna High Court CWJC No.12268 of 2017 dt.30-07-2018

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(In CWJC No.2860 of 2018)	Mr. Suresh Kumar, A.C. to G.P. 1
For the Petitioner/s :	Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates
For the Respondent/s : (In CWJC No.17187 of 2017	Mr. )
For the Petitioner/s :	Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates
For the State : (In CWJC No.3093 of 2018)	Mr. Kinkar Kumar, S.C. 9 Mr. Yogesh Kumar, A.C. to S.C. 9
For the Petitioner/s :	Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates
For the Respondent/s : (In CWJC No.2667 of 2018)	Mr.
For the Petitioner/s :	Mr. Ashutosh Kumar Jha and Mr. Rajiv Ranjan Kumar Pandey, Advocates
For the Respondent/s :	Mr.
===================== CORAM: HONOURABLE Date: 30-07-2018	====================================== MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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Learned counsel for the petitioners; State and Nagar Parishad, Madhubani have assisted the Court.

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A supplementary counter affidavit has been filed on behalf of respondent no. 1, in C.W.J.Cs. No. 12268 of 2017; 12938 of 2017; 14605 of 2017 and 17187 of 2017. The same is adopted in all the other cases.

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As per the stand, the State on 25.07.2018, has issued resolution for implementation of the recommendation of the 5^th and 6^th pay revision in the case of Urban Local Bodies also.

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In view of the aforesaid, learned counsel for the Nagar Parishad, Madhubani submitted that now it has to take a formal resolution in the matter.

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Patna High Court CWJC No.12268 of 2017 dt.30-07-2018

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Learned counsel for the State submitted that the Urban Local Bodies including the Nagar Parishad, Madhubani are required to send the original service book of its employees for implementation of the resolution and for which a separate letter has been sent for proper verification with regard to their appointment etc.

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Learned counsel for the Nagar Parishad submitted that they would do the same within three months.

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As the claim of the petitioner, in principle, has been admitted, the Court finds that there is no purpose of keeping the writ pending. The exercise has to be gone into as per the requirement of law for which, the initial sending of the service book with due certification by the Nagar Parishad, Madhubani, as per the stand taken by it, shall take three months.

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In view thereof, the writ petition stands disposed off with a direction to the Nagar Parishad, Madhubani to ensure that all the information required by the State under the aforesaid resolution be sent to it expeditiously and latest within three months from today. On the same being received by the State authorities, they shall take appropriate decision within two months from the date of receipt of the documents produced before them.

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In terms of the final verification made by the State

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Patna High Court CWJC No.12268 of 2017 dt.30-07-2018

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Government, the Nagar Parishad, Madhubani shall make payment to the petitioners within three months from the date of receipt of the approval by the State Government.

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(Ahsanuddin Amanullah, J.)

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Anand Kr.

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AFR/NAFR U

Raj Kumar Ram v. The State Of Bihar and Ors.

Case brief

What is this about?

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Raj Kumar Ram v. The State Of Bihar and Ors.

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