Disposed¶36

Ram Kandey Rai v. The State of Bihar

Patna HC19 Aug 2024CWJC/17761/2023

Case brief

AI extract

What is this about?

CWJC No. 17761 of 2023, Patna High Court, Harish Kumar J, 19-08-2024, NAFR. Retired Assistant Registrar Ram Kandey Rai; withheld excess payment Rs.5,87,669/- from unutilized earned leave; 6th PRC bunching benefit w.e.f. 01.01.2006 withdrawn per Finance Dept clarification 07.11.2012; undertaking-based re-fixation without bunching; pension fixation on last pay demanded; earlier CWJC 12641 & 12289/2013 allowed 17.12.2015, LPAs 1094 & 1098/2016 dismissed 28.10.2016, Supreme Court Civil Appeal Nos. 2701 & 2702 of 2017 pending; writ petition closed, claim to abide pending appeals' outcome; Article 226.

What did the court decide?

None; claim regarding withheld amount and pay-scale/pension fixation deferred to the final outcome of pending Civil Appeal Nos. 2701 of 2017 and 2702 of 2017 ¶36

Ram Kandey Rai Vs The State of Bihar — Writ and Judicial Review | Patna HC (2024)

What the court decided

AI extract

Outcome

None; claim regarding withheld amount and pay-scale/pension fixation deferred to the final outcome of pending Civil Appeal Nos. 2701 of 2017 and 2702 of 2017

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Issue for consideration

Whether the withheld amount of Rs.5,87,669/- should be released to the petitioner forthwith with interest, and his pension fixed on the basis of last pay drawn and paid along with arrears. +1 more

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Ratio / Principle

Noting the pendency of Civil Appeal Nos. 2701 of 2017 and 2702 of 2017, which have material bearing on the issue, this Court closed the writ petition with the observation that the petitioner's claim regarding withholding of the amount as well as fixation of pay-scale/pension shall abide by the final outcome of those Civil Appeals.

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Detailed headnote1 paragraphs

Retired Assistant Registrar of the Patna High Court (superannuated 31.01.2021) invoked Article 226 (CWJC No. 17761 of 2023) seeking release of withheld Rs.5,87,669/- with interest and re-fixation of pension on last drawn pay with arrears. His pay had been fixed with 6th PRC bunching benefit w.e.f. 01.01.2006 per Finance Department Resolution No. 630 dated 21.01.2010; a Finance Department letter dated 07.11.2012 restricted bunching/Schedule-II benefit to employees appointed on or after 01.01.2006, directing re-fixation and recovery. Earlier petitions of the Court's Assistants (C.W.J.C. Nos. 12641 and 12289 of 2013) were allowed on 17.12.2015; the State's LPAs Nos. 1094 and 1098 of 2016 were dismissed on 28.10.2016; the State's SLPs Nos. 3861 and 3795 of 2017 became pending Civil Appeal Nos. 2701 and 2702 of 2017 before the Supreme Court. After a notice (Annexure-R4/F) informed retired Assistant/P.A./Translator cadre staff to submit consent/undertaking for re-fixation without bunching subject to the appeals' outcome, the petitioner complied and his pay was re-fixed without bunching; by letter dated 29.08.2022 the Court withheld the excess payment of Rs.5,87,669/- from unutilized earned leave pending the appeals. Respondents held the withholding lawful pending the appeals' outcome; the petitioner additionally complained his pay-scale was reduced without notice or hearing. JUDGE HARISH KUMAR, taking note of the material bearing of the pending Civil Appeals, CLOSED the writ petition observing that the claim regarding the withheld amount and pay-scale/pension fixation shall abide by their final outcome. Oral judgment, NAFR, dated 19-08-2024.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17761 of 2023

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Ram Kandey Rai, S/o Dashrath Rai, R/o Village Umarpur, P.S.-Buxar (Industrial State) District-Buxar, at Present R/o Mohalla-Ashiyana Digha Path, Prachi Orchid Apartment Flat No 302, Anand Bihar Colony, P.S. Shashtri Nagar District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Patna.

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The Secretary, Department of Law, Government of Bihar, Patna.

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The Secretary, Department of Finance, Government of Bihar, Patna.

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The Registrar General, Patna High Court, Patna.

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The Registrar, Establishment, Patna High Court, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Siddharth Harsh, Advocate For the State : Mr. Sanjay Kumar Tiwary, Advocate For the resp nos. 4 and 5 : Mr. Satyabir Bharti, Advocate

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

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT

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Date : 19-08-2024

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Heard Mr. Siddharth Harsh, learned Advocate for the petitioner, Mr. Satyabir Bharti and learned Advocate for respondents no. 4 and 5. The State is represented by Mr. Sanjay Kumar Tiwary, learned Advocate.

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The petitioner superannuated on 31.01.2021 from the post of Assistant Registrar in the Patna High Court, has invoked the prerogative writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a direction

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Patna High Court CWJC No.17761 of 2023 dt.19-08-2024 2/6

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upon the respondent(s) to release withheld amount of Rs.5,87,669/- along with interest forthwith and to fix his pension on the basis of last pay drawn and to pay the same along with arrears.

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Learned Advocate for the petitioner contended that after following due process, the petitioner was appointed as an Assistant Court Officer and subsequent thereto promoted to the post of Assistant on 05.03.1997. The petitioner while serving as Assistant, which was a Class-III Post, he had accorded the benefit of 6^th Pay Revision w.e.f. 01.04.2007. The pay of the petitioner was fixed along with the benefit of bunching w.e.f. 01.01.2006 under 6^th Pay Revision Commission in terms of Finance Department Resolution No. 630 dated 21.01.2010. Later on, vide letter bearing no. 3A-2-PV-16/2009 (Ansh-1)15777/F, dated 07.11.2012, issued by the Finance Department, it was clarified that the benefit of bunching and implementation of Schedule II in respect of Clerk and Assistant Grade employees is applicable only for such employees appointed on or after 01.01.2006 and directed for re-fixation of the pay of such employees and recovery of the excess payment in two installments from their salary.

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Being aggrieved, the Assistants of the Patna High

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Patna High Court CWJC No.17761 of 2023 dt.19-08-2024 3/6

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Court preferred two writ petitions bearing C.W.J.C. No. 12641 of 2013 and C.W.J.C. No. 12289 of 2013, which came to be allowed vide judgment dated 17.12.2015. The afore-noted judgment dated 17.12.2015 was put to challenge by the State respondents in LPA No. 1094 of 2016 and LPA No. 1098 of 2016, which were came to be dismissed vide judgment dated 28.10.2016. Aggrieved with the afore-noted judgment dated 28.10.2016, the respondent/State preferred Special Leave Petition before the Hon’ble Supreme Court being SLP Nos. 3861 of 2017 and 3795 of 2017. In the afore-noted matter, leave was granted and it has been numbered as Civil Appeal Nos. 2701 of 2017 and 2702 of 2017.

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Learned Advocate for respondent nos. 4 and 5 submitted that in the meantime, a contempt petition bearing M.J.C. No. 4308 of 2016 was filed by the Assistants of the Court, which came to be disposed of granting liberty to the petitioners to seek enforcement of the order after disposal of the S.L.P. or any benefit is granted by the Supreme Court. In the light of the order passed by the Division Bench, in the contempt matter and after making proper consultation by the Finance Department, a notice has been issued by the order of Registrar General, Patna High Court, the copy of which has been brought

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Patna High Court CWJC No.17761 of 2023 dt.19-08-2024 4/6

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on record by way of Annexure-R4/F, which reads as under:

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“In the light of clarification issued by the Finance Department, Government of Bihar vide letter no. B/Estab. (H.C.)06-03/2018-3586/J, dated 21.05.2019 of the Secretary, Law (Judicial) Department, Govt. of Bihar and also in view of Legal opinion of the Learned Counsel, retired Officers and Staff of Assistant/Personal Assistant/Translator Cadre of the Court is hereby informed that they may submit their consent along with undertaking for re-fixation of their pay without benefit of bunching w.e.f. 01.01.2006 under 6^th P.R.C., for verification of their pay fixed w.e.f. 01.01.2006 under 6^th P.R.C. from the Finance Department, Government of Bihar and thereafter finalisation of their Pensionary benefits, subject to the outcome of the order/judgment passed in the Civil Appeal nos. 2701/2017 & 2702/2017 by the Hon’ble Supreme Court.”

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In pursuant to the notice, the petitioner submitted

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his undertaking and accordingly his pay was re-fixed under 6^th Pay Revision after deducting thereupon the benefit of bunching.

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It would be worth noting that further in the light of the clarification of Finance Department, the Patna High Court vide letter dated 29.08.2022 communicated to the petitioner that excess payment of Rs. 5,87,669/- has been withheld from the unutilized earned leave till the final judgment/order passed in

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Patna High Court CWJC No.17761 of 2023 dt.19-08-2024 5/6

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Civil Appeal Nos. 2701/2017 and 2702/2017 of the Hon’ble Supreme Court.

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Adverting to the aforesaid facts, Mr. Satyabir Bharti, learned Advocate for respondents no. 4 and 5, contended that the apprehension of the petitioner is unfounded and the amount has been withheld subject to the final outcome of Civil Appeal Nos. 2701 of 2017 and 2702 of 2017.

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At this juncture, learned counsel for the petitioner contended that not only the amount in question has been withheld rather the pay-scale of the petitioner has been reduced without any notice or opportunity of hearing causing serious prejudice to the right and entitlement of the petitioner.

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In response thereto, Mr. Satyabir Bharti, learned Advocate for respondents no. 4 and 5 further contended that the pay-scale and pension of the petitioner shall also be abide by the final outcome of the afore-noted Civil Appeal Nos. 2701 of 2017 and 2702 of 2017.

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Considering the submissions advanced on behalf of the respective parties and taking note of the pendency of Civil Appeal Nos. 2701 of 2017 and 2702 of 2017, which have material bearing over the issue, the writ petition stands closed with an observation that the claim of the petitioner with regard

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Patna High Court CWJC No.17761 of 2023 dt.19-08-2024 6/6

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to withholding of the amount as well as fixation of payscale/pension shall be abide by the final outcome of Civil Appeal Nos. 2701 of 2017 and 2702 of 2017.

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(Harish Kumar, J)

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rohit/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	21-08-2024
Transmission Date

Procedural history

How this case reached the court

AI extract

Order under challenge
Communication dated 29.08.2022 from the Patna High Court informing the petitioner that excess payment of Rs. 5,87,669/- has been withheld from his unutilized earned leave until the final judgment/order in pending Supreme Court Civil Appeal Nos. 2701/2017 and 2702/2017¶30
Patna High Court · 29.08.2022
Prior proceeding
Petitioner superannuated on 31.01.2021 from the post of Assistant Registrar, Patna High Court¶17
Prior proceeding
After due process, petitioner appointed as Assistant Court Officer and subsequently promoted to the post of Assistant on 05.03.1997¶20
Prior proceeding
While serving as Assistant, a Class-III post, petitioner had been accorded the benefit of 6th Pay Revision w.e.f. 01.04.2007¶20
Prior proceeding
Pay fixed with benefit of bunching w.e.f. 01.01.2006 under 6th Pay Revision Commission in terms of Finance Department Resolution No. 630 dated 21.01.2010¶20
Prior proceeding
Finance Department letter no. 3A-2-PV-16/2009 (Ansh-1)15777/F dated 07.11.2012 clarified that bunching/Schedule-II benefit applied only to employees appointed on or after 01.01.2006, directing re-fixation of pay and recovery of excess payment in two instalments¶20
Prior proceeding
Writ petitions C.W.J.C. No. 12641 of 2013 and C.W.J.C. No. 12289 of 2013 filed by the Assistants of the Court were allowed vide judgment dated 17.12.2015¶23
Prior proceeding
State challenged the 17.12.2015 judgment in LPA No. 1094 of 2016 and LPA No. 1098 of 2016, which were dismissed vide judgment dated 28.10.2016¶23
Prior proceeding
State preferred Special Leave Petitions before the Hon'ble Supreme Court (SLP Nos. 3861 of 2017 and 3795 of 2017); leave was granted and they were numbered as Civil Appeal Nos. 2701 of 2017 and 2702 of 2017¶23
Prior proceeding
Contempt petition M.J.C. No. 4308 of 2016 filed by the Assistants of the Court; disposed of granting liberty to seek enforcement of the order after disposal of the S.L.P. or any benefit granted by the Supreme Court¶24
Prior proceeding
Notice (Annexure-R4/F) issued by order of Registrar General, Patna High Court, following Finance Department clarification letter B/Estab. (H.C.)06-03/2018-3586/J dated 21.05.2019, asking retired Assistant/Personal Assistant/Translator cadre officers and staff to submit consent and undertaking for re-fixation of pay without bunching benefit w.e.f. 01.01.2006 under 6th P.R.C., with verification by the Finance Department and finalisation of pensionary benefits subject to the outcome of Civil Appeal Nos. 2701/2017 and 2702/2017¶27
Prior proceeding
In pursuance of the notice, petitioner submitted undertaking and his pay was re-fixed under 6th Pay Revision with deduction of the bunching benefit¶29

Ram Kandey Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Kandey Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

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