Ramawatar Ram @ Ramwatar Ram v. The Nagar Parishad Madhubani Through Sri Rakesh Kumar, Executive Officer, Madhubani,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.594 of 2022 In Civil Writ Jurisdiction Case No.6369 of 2020 ====================================================== Ramawatar Ram @ Ramwatar Ram, Aged about 65 years, Male, S/o Late Phaguni Ram, R/o Vill-Ambekar Nagar, Bhauara Ward No. 26, P.O. Bhauara, P.S.+District-Madhubani.

... ... Petitioner/s

Versus

1. The Nagar Parishad Madhubani through Sri Rakesh Kumar, Executive Officer, Madhubani, Executive Office, Madhubani, Distt.-Madhubani.

2. Sri Rakesh Kumar, the Executive Officer, Nagar Parisad, Madhubani. Distt.-Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar Jha, Advocate For the Opposite Party/s :

Mr.Pankaj Kumar Das, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 27-07-2022 The present contempt is filed for non-compliance of the order dated 05.01.2022 passed in CWJC No. 6369 of 2022. Learned counsel for the opposite party no. 2 filed show cause along with material information to the extent that speaking order has been passed on 22.07.2022 and certain monetary benefits have been extended to the petitioner/complainant.

Learned counsel for the petitioner/complainant submitted that the order is not fully complied. Direction of this Court is at Para 3 which reads as under:- "3. The concerned respondent is hereby directed to take a decision on the petitioner's representation read with the

Patna High Court MJC No.594 of 2022(4) dt.27-07-2022 2/2 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."

In the light of above facts and circumstances, the official respondents have passed a speaking order and extended certain monetary benefits. Therefore, there is compliance of the order. If the petitioner/complainant is still aggrieved by the speaking order and if not extended certain monetary benefits in that event petitioner is permitted to submit a detailed representation to the concerned authority. If such representation is submitted, the same shall be considered within a reasonable period of time and also further liberty is given to the petitioner/complainant to challenge the speaking order if he is aggrieved.

Vikash/- (P. B. Bajanthri, J) U