Raghubir Harijan vs The State Of Bihar And Ors
2021 Latest Caselaw 3188 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.15709 of 2017
     ======================================================

Raghubir Harijan, Son of Late Rikhai Ram, Resident of Village - Maheshpur, P.S. - Shikarpur, District - West Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Urban Development Department, Govt. of Bihar, Patna

2. The Secretary, Urban Development Department, Govt. of Bihar, Patna.

3. The Deputy Secretary, Urban Development Department, Govt. of Bihar, Patna.

4. The District Magistrate, West Champaran, Bettiah.

5. The Nagar Parishad, Narkatiaganj, West Champaran through its Chief Executive Officer.

6. The Chief Executive Officer, Nagar Parishad, Narkatiaganj, West Champaran.

7. The Treasury Officer, West Champaran, Bettiah.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyavrat Verma, Advocate For the Respondent/s : Mr. S.P.Singh, GA3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 08-07-2021 Heard learned counsel for the petitioner and the

respondents.

2. The petitioner retired in the year 2013 as Tahshildar of

Narkatiaganj Nagar Parishad. After retirement, Nagar Parishad,

Narkatiaganj has raised objection with regard to adjustment of the

amount in connection with the work done by the petitioner

between 2003 to 2007.

3. Learned counsel for the petitioner submits that not

only the work was done, but even extra work was also done by the

petitioner and considering the aforesaid the respondents are

arbitrarily raising demand, instead of settling the account. Patna High Court CWJC No.15709 of 2017 dt.08-07-2021

4. Primarily, the Court is of the view that settlement of

account is involved in the present case and as such it would be

appropriate that the petitioner may be granted opportunity by the

Nagar Parishad, Narkatiaganj.

5. Accordingly, the Chief Executive Officer, Nagar

Parishad, Narkatiaganj, West Champaran is directed to provide

opportunity of hearing to the petitioner in connection with

payment made to the petitioner for certain work during 2003-

2007. The petitioner is also at liberty to furnish all the necessary

documents and evidence in support of work and even extra work,

which according to the petitioner was carried out, but not paid by

the Nagar Parishad, Narkatiaganj. The Chief Executive Officer,

Nagar Parishad, Narkatiaganj, West Champaran after hearing the

petitioner and on consideration of the measurement book and other

relevant documents connected with the work concerned shall pass

reasoned and speaking order within a period of three months from

the date of receipt/production of a copy of this order.

6. In the event, if it is found that extra work was done by

the petitioner, which is established through measurement book and

through other allied materials, the Chief Executive Officer, Nagar

Parishad, Narkatiaganj, West Champaran will pass appropriate Patna High Court CWJC No.15709 of 2017 dt.08-07-2021

order with regard to payment of balance amount to the petitioner,

which is admissible on superannuation of the petitioner in 2013.

7. Entire exercise of adjustment and payment of balance

dues should be completed by the respondent Chief Executive

Officer, Nagar Parishad, Narkatiaganj, West Champaran at the

earliest preferably within a period of five months from the date of

receipt/production of a copy of this order. If any amount

admissible to the petitioner is not paid within the time indicated

herein above, the same will carry interest at the rate of 9% per

annum from the date of superannuation of the petitioner i.e.

30.04.2013 till the date of actual payment.

8. It goes without saying that the present Chief

Executive Officer, Nagar Parishad, Narkatiaganj, West Champaran

while adjusting the amount and passing fresh order shall not be

influenced by the determination and order passed in this

connection by his predecessor or by the State Government.

9. With the aforesaid, the writ application stands

disposed of.

(Anil Kumar Upadhyay, J) uday/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.07.2021
Transmission Date       NA