Ramawatar Ram @ Ramwatar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6369 of 2020 ====================================================== Ramawatar Ram @ Ramwatar Ram Son of Late Phaguni Ram, Resident of Village- Ambedkar Nagar, Bhauara Ward No. 26, P.o.- Bhauara, P.s. and District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna. (Deleted vide order dated 17.12.2021).

2.

The Nagar Parishad Madhubani through its Executive Officer, Madhubani, District- Madhubani 3.

The Executive Officer, Nagar Parishad Madhubani, District- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar Jha For the Respondent/s :

Mr.Rajiv Roy (Gp1) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 05-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this application is being filed for issuance of a writ in the nature of mandamus commanding the respondents authorities to make payment of the arrear of pay since 01.04.1997 to 31.03.2007 under Vth pay commission Resolution, the arrear of pay since 01.04.2007 to 28.01.2015 under VIth pay commission Resolution as well as the fixation of pension and payment of the arrear of pension under VI th pay commission resolution alogwith 12 % interest thereof. 1/A. That the petitioner further prays for a direction to the respondent authorities to pay all other

Patna High Court CWJC No.6369 of 2020 dt.05-01-2022 2/2 legitimate and admissible dues to the petitioner forth with alongwith the interest thereon 1/B. That the petitioner further prays for issuance of an appropriate writ/ order / direction for which he be found entitled to."

3. The concerned respondent is hereby directed to take a decision on the petitioner's representation read with the pleadings of this petition and decide whether petitioner is entitled to arrears of pay from 01.04.1997 to 31.03.2007 and further extension of 6th pay commission benefit with effect from 01.04.2007 to 28.01.2015 and thereafter undertake refixation of pension and arrears of pension along with the interest or not, if any? Such a decision shall be taken by passing a speaking order within a period of two months from the date of receipt of this order, failing which, petitioner is entitled to litigation cost and it is quantified at Rs. 10,000/-. Cost shall be paid to the petitioner.

4. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 07.01.2022 Transmission Date