Raj Kishor Singh vs The State Of Bihar
2023 Latest Caselaw 3518 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.16114 of 2021
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Raj Kishor Singh Son of Late Thakur Prasad Singh, resident of Village - Ishwar Patti, P.O.- Jhapha, P.S. Ahiyapur, District - Muzaffarpur, presently residing at New Area, Sikandarpur, P.S. Muzaffarpur Town, District - Muzaffarpur, the retired Revenue Officer, Muzaffarpur Municipal Corporation, Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Urban Development Housing Department, Government of Bihar, Patna.

3. The Muzaffarpur Municipal Corporation, Muzaffarpur through the Municipal Commissioner.

4. The Municipal Commissioner, The Muzaffarpur Municipal Corporation, Muzaffarpur.

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Adv. For the State : Mr. Ashutosh Kumar Upadhyaya, AC to SC-9 For Municipal Corporation: Mr. Awadhesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 07-08-2023

Heard Mr. Vijay Kumar Singh, learned counsel

appearing on behalf of the petitioner, Mr. Ashutosh Kumar

Upadhyaya, learned counsel appearing on behalf of the State and

Mr. Awadhesh Kumar, learned counsel appearing on behalf of the

respondents.

2. Learned counsel appearing on behalf of the petitioner

submits that the petitioner is aggrieved by the action of the

Municipal Commissioner, Muzaffarpur on whose direction the Patna High Court CWJC No.16114 of 2021 dt.07-08-2023

pension of the petitioner has been substantially reduced from Rs.

16,309 to Rs. 14,440/-. The pension of the petitioner is required to

be fixed in pay scale of Rs. 4000-6000/- on the basis of his last pay

drawn which is applicable to the post of Revenue Officer from

which the petitioner retired on 31.03.2003. The action of the

Municipal Commissioner by reducing the pension of the petitioner

unilaterally is illegal. The petitioner was not given any

opportunity, nor any order was passed in this regard

communicating it to the petitioner.

3. Mr. Awadhesh Kumar, learned counsel appearing on

behalf of Muzaffarpur Municipal Corporation submits that due to

incorrect fixation of pension on the basis of incorrect

nomenclature of the post the petitioner was incorrectly granted

benefit. He further submits that no recovery has been made from

the pensionary benefit, which was already granted to the petitioner

before March, 2020. The Municipal Commissioner has acted in

accordance with the Government Resolution No. 2723, dated

13.04.2017 and has rightly directed to reduce the pension of the

petitioner.

4. Having considered the rival submissions made by the

parties as well as the records available before this Court, the

unilateral action of the Municipal Commissioner cannot be Patna High Court CWJC No.16114 of 2021 dt.07-08-2023

sustained in the eye of law. The Municipal Commissioner was

required to at least give prior information to the petitioner, who

had retired in the year 2003 and was granted pensionary benefit

including pension applicable to the post of Revenue Officer. The

unilateral action of the Municipal Commissioner in reducing the

pension of the petitioner cannot be sustained in the eye of law.

5. The Municipal Commissioner, Muzaffarpur is

directed to give proper opportunity of hearing to the petitioner and

pass a reasoned order in accordance with law taking into

consideration the fact that the petitioner has not committed any

misappropriation of public money by fixing the pension himself.

The petitioner in no manner is involved in incorrect fixation of

pension and any policy decision taken in this regard cannot affect

the entitlement of the petitioner to the relief as claimed by him in

the present writ petition. The Municipal Commissioner is directed

to take final decision in the matter after considering several

circular of the State Government considering the penal

consequences on account of reduction after lapse of 17 years. The

law is well settled in this regard. The petitioner if so advised, may

file detail representation before the competent authority for his

claim made in the present writ petition.

Patna High Court CWJC No.16114 of 2021 dt.07-08-2023

6. The Municipal Commissioner, Muzaffarpur is

directed to take final decision within a period of six weeks from

today.

7. With the above observation and direction the writ

petition stands disposed of.

(Purnendu Singh, J) pravinkumar/-

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