Patna High Court
Brijeshwar Prasad Verma vs The State Of Bihar And Ors on 5 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15750 of 2017
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Brijeshwar Prasad Verma, Son of Late Sant Prasad, Resident of Village-
Roari, 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 Office.
6. The Chief Executive Officer, Nagar Parishad, Narkatiaganj, West
Champaran.
7. The Treasury Officer, West Champaran, Bettiah.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Satyavrat Verma, Adv.
For the Respondent/s : Mr. Suresh Kumar, AC to GP1
For the Resp. Nos. 5 & 6: Mr. Himanshu Kumar Akela, Adv.
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 05-10-2021
Heard learned counsel for the petitioner and counsel for
the respondents.
2. The present writ petition has been filed for the
following reliefs as formulated by the petitioner-
"1. That this is an application praying for
issuance of a Writ in the nature of Writ of Certiorari, or any
other appropriate Writ order, direction for quashing the
Letter no. 871 dated 03.10.2016 (Annexure-13 to the Writ
Application) issued by the Respondent No.6, by the impugned
order dated 03.10.2016, the Respondent No.6 to scuttle the
Patna High Court CWJC No.15750 of 2017 dt.05-10-2021
legitimate Retiral dues of the Petitioner, has directed the
petitioner to return an amount of Rs. 1,05,09,015/-, within
period of one week, failing which appropriate legal
proceedings be initiated. The Petitioner further prays for
issuance of a consequential Writ of Mandamus commanding
the Respondents particularly the Respondent No.6 to release
the pensionary benefits of the Petitioner including gratuity,
leave encashment, forthwith after fixing the pay scale of the
Petitioner, as per recommendation of the 6th Pay Revision
Committee and also to pay the difference of arrear salary on
account of grant of the 5th and 6th Pay Revision Committee."
3. Without going into the detailed merits of the matter, it
is common ground between the parties that the identical issue has
already been decided by a coordinate Bench of this Court in terms
of the judgment dated 08.07.2021 passed in C.W.J.C. No. 15709 of
2017, Raghubir HarijanVs. The State of Bihar & Ors., which reads
as follows:-
"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.15750 of 2017 dt.05-10-2021
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 appropriat 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
Patna High Court CWJC No.15750 of 2017 dt.05-10-2021
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."
4. It is, therefore, jointly prayed that the present matter
be also disposed of in line with the aforesaid judgment.
5. Ordered accordingly.
6. This writ petition stands disposed of.
(Vikash Jain, J)
rishi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.10.2021
Transmission Date
