Disposed¶24

Samudri Devi v. The State of Bihar

Patna HC4 Apr 2025MJC/2763/2024

Case brief

AI extract

What is this about?

Contempt proceeding closed - Patna High Court - MJC 2763/2024 in CWJC 16982/2022 - pension/retiral benefits - Nagar Parishad Hajipur employees not entitled to pension absent exercise of option within stipulated period - parity claim fails as no identically situated employee accorded retiral benefits - Lok Adalat undertaking held inadvertent typing mistake (only re-examination undertaken) - petitioner at liberty to revive claim upon parity materialising - Harish Kumar, J - 04-04-2025.

What did the court decide?

No substantive relief; the contempt proceeding stands closed, with liberty reserved to the petitioner to approach the concerned authority should any identically situated person be accorded retiral benefits. ¶24

Samudri Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, given the respondents' consistent stand and the fact that the petitioner's grievance is based on parity while none of the identically situated persons has been accorded retiral benefits, the contempt proceeding should be continued.

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Court's answer

Since till date none of the persons with whom the petitioner seeks parity has been accorded retiral benefits, the Court found no reason or occasion to continue with the present proceeding and accordingly closed the contempt proceeding.

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Ratio / Principle

The petitioner was left at liberty to approach the concerned authority in case any identically situated person is accorded retiral benefits.

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Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J), 04-04-2025, MJC No.2763 of 2024 arising in CWJC No.16982 of 2022: Contempt proceeding concerning the petitioner's claim to pensionary benefits from Nagar Parishad, Hajipur stands closed. The Court recorded the consistent stand of the Nagar Parishad and the Urban Development and Housing Department that employees who did not exercise their option within the stipulated period are not entitled to pension; that the purported Lok Adalat undertaking to redress all grievances was clarified as an inadvertent typing mistake (the undertaking being merely to re-examine the grievance); and that till date none of the employees who failed to opt for pension has been accorded pensionary benefits. Finding the petitioner's grievance to be based purely on parity with no comparator actually granted retiral benefits, the Court held there was no reason or occasion to continue the proceeding and closed it, reserving liberty to the petitioner to approach the concerned authority if any identically situated person is later accorded retiral benefits.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2763 of 2024

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Civil Writ Jurisdiction Case No.16982 of 2022

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Samudri Devi Wife of Bharat Resident of Ambedkar Colony, Pokhra Mohalla, Hajipur, Police Station-Hajipur Town, District-Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar through Mr. Amir Subhani, The Chief Secretary, Government of Bihar, Patna.

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Mr. Arunish Chawla, the Principal Secretary, Department of Urban Development, Government of Bihar, Patna.

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Mr. S. Siddharth, the Principal Secretary, Department of Finance, Government of Bihar, Patna.

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Mr. Pankaj Kumar, the Chief Executive Officer, Nagar Parishad, Hajipur, Dist.- Vaishali, Bihar.

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Smt. Sangeeta Kumari, the Chairman, Nagar Parishad, Hajipur, Dist.Vaishali,

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Mr. Yashpal Meena, the District Magistrate, Vaishali at Hajipur.

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... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr.Vasant Vikas, Adv. For the Opposite Party/s : Mr. Shiv Kumar, AC to GA 3

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 04-04-2025 Heard the parties.

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There is consistent response of the Nagar Parishad,

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Hajipur as well as the parent Department, i.e., the Urban Development and Housing Department that the employees of the Nagar Parishad, Hajipur are not entitled to get the pension, unless they exercise their option within the stipulated period. The claim of the petitioner that one of the identically situated person whose case was referred to the Lok Adalat and the opposite party-Nagar Parishad, Hajipur has

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Patna High Court MJC No.2763 of 2024(3) dt.04-04-2025 2/2

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tendered undertaking that all the grievances of the petitioner shall be redressed has also been clarified that it was an inadvertent typing mistake although the undertaking was given that the grievance of the petitioner shall be re-examined. Moreover, it is the specific stand of the Nagar Parishad that till date none of the employees have been accorded the pensionary benefits who have failed to opt for pension.

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Considering the stand in the show cause affidavit and having heard the learned Advocates for the petitioner and the opposite parties, this Court finds that the grievance of the petitioner is based on parity; however, in view of the aforesaid facts that till date none of the person with whom the petitioner is seeking parity has been accorded the retiral benefits, this Court does not find any reason or occasion to continue with the present proceeding. Accordingly, the contempt proceeding stands closed.

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However, the petitioner shall always be at liberty to approach the concerned authority in case any of the identically situated person is accorded the retiral benefits.

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(Harish Kumar, J)

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Anjani/- U

Samudri Devi v. The State of Bihar

Case brief

What is this about?

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Samudri Devi v. The State of Bihar

Case brief

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