Ghanshyam Kumar Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2273 of 2022 ====================================================== 1.

Ghanshyam Kumar Singh, S/o Bachha Prasad Singh, Resident of VillageLalgarh Yogia, P.S.-Shyampur Bhataha, District-Sheohar. 2.

Narayan Rao, S/o Late Satya Narayan Ray, Resident of Sagar Pokhra, P.O. and P.S.-Bettiah, District West Champaran, Bettiah. 3.

Anil Kumar Diwedi, S/o Late Surendranath Diwedi, Resident of VillageBheriharwa, P.S. Salhi, District West Champaran, Bettiah. 4.

Ravindranath Paul, S/o Late Girishchandra Paul, Resident of VillageUttarwari Pokhra Dwar, P.O.-Devi Chak, P.S.-Bettiah, District West Champaran, Bettiah.

5.

Jawaharlal Dubey, S/o Late Ekbal Dubey, Resident of Village-Baykat Puraina, P.S.-Chanpatia, District West Champaran, Bettiah. 6.

Sheo Kumar Dubey, S/o Late Chandrika dubey, Resident of VillageRamnagar, P.S. Ramnagar, District West Champaran, Bettiah. 7.

Nurul Hoda, S/o Late Emamul Hasan, Resident of Village-Kandhuwalia, P.S. Lauria, District West Champaran, Bettiah. 8.

Vishwanath Prasad Yadav, S/o Late Jungi Yadav, Resident of VillageBinwalia, P.S. Mahuwa, District West Champaran, Bettiah. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 3.

The Director, Panchayati Raj Department, Government of Bihar, Patna. 4.

The Zila Parishad, West Champaran, Bettiah through its Executive Officercum-Deputy Development Commissioner, Zila Parishad, West Champaran, Bettiah.

5.

The Executive Officer-cum-Deputy Development Commissioner, Zila Parishad, West Champaran, Bettiah.

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

For the Petitioner/s :

Mr. Sia Ram Sahi, Sr. Advocate Mr. Abhishek Raj Kashyap, Advocate For the State :

Mr. Kumar Alok (SC- 7) For the Zila Parishad :

Mr. Prince Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-01-2026 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Zila Parishad.

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2. Learned counsel for the petitioners submits that the present writ petition has been filed for the following reliefs:- "(i) For issuance of an appropriate writ commanding the respondent nos. 4 and 5 to pay the benefit of ACP/MACP with the respective due dates and the benefit of 7th pay revision to the petitioners who are retired employees of Zila Parishad, West Champaran, Bettiah.

(ii) For issuance of an appropriate writ commanding the respondents to revised the amount of Post Retirement Benefit accordingly after giving the benefit of ACP/MACP and 7th Pay Revision.

(iii) For any other relief or reliefs for which the petitioners are entitled under law as well as on the facts of the case."

3. Counsel further submits that a counter affidavit has been filed by the Zila Parishad, West Champaran, Bettiah wherein the claims of the petitioners have been admitted. It is stated that the Zila Parishad is ready to redress the grievances of the petitioners and has already intimated that steps toward the payment of arrears relating to ACP/MACP from the due date, as well as for grant of the 7th Pay Revision, of the petitioner.

4. Counsel for the appellants further submits that the

3/4 Zila Parishad is paying these benefits to the employees presently in service from time to time but the same benefits are not being paid to retired employees, despite their entitlement.

5. Learned counsel for the Zila Parishad, on the other hand, submits that it has been categorically stated in the pleadings, particularly in paragraph 6 of the counter affidavit filed by the Zila Parishad, dated 08.07.2024, that a Seven-Men Committee has been constituted for calculation of arrears relating to ACP/MACP from the due date, as well as for grant of the 7th Pay Revision and other issues of the employees of Zila Parishad, West Champaran, Bettiah, which has to submit its report within 30 days. Learned counsel admits that the grievances of the petitioners shall be settled within a period of three months from today.

6. In this background, this Court hereby directs the Zila Parishad, West Champaran, Bettiah, through its Executive Officer-cum-Deputy Development Commissioner, Zila Parishad, West Champaran, Bettiah and the Executive Officercum-Deputy Development Commissioner, Zila Parishad, West Champaran, Bettiah (Respondent Nos. 4 and 5), to redress the grievances of the petitioners within a period of three months from the date of production of a copy of this order, as accepted

4/4 by learned counsel for the Zila Parishad.

7. It is made clear that payment to the petitioners shall be started within a period of three months from the date of production of a copy of this order. In case payment is not started within the said period then Respondent Nos. 4 and 5 shall be under contempt.

8. It is also made clear that after the start of the payment, if there is any difficulty in making full and final payment, liberty is hereby granted to Respondent Nos. 4 and 5 to seek appropriate extension of time from this Court, by way of filing M.J.C.

9. With the aforesaid directions and observations, the present writ petition stands disposed off.

(Dr. Anshuman, J.) Aman Kumar/- U