Subhash Chandra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1360 of 2021 In Civil Writ Jurisdiction Case No.10639 of 2019 ====================================================== Subhash Chandra Mahto Son of Late Lalji Mahto Resident of Ranjeetpur, Post Office and Police Station- Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Anand Kishore, the Principal Secretary cum Commissioner, Urban Development and Housing Department, Government of Bihar, Patna.

2.

Shri Sanjeev Kumar, The Executive Officer, Nagar Parishad (now Nagar Nigam), Samastipur.

3.

The Standing Committee through Sri Tarkeshwar Nath Gupta, The Chairman, Nagar Parishad (now Nagar Nigam), Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. AC to SC-9 For the S.M.C.

:

Mr. Tej Bahadur Singh, Sr. Advocate Mr. Prince Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2024

1. Heard learned counsel for the petitioner, learned AC to SC-9 for the State and Mr. Tej Bahadur Singh learned Senior Counsel appearing on behalf of the Samastipur Municipal Corporation assisted by Mr. Prince Kumar Mishra, learned Advocate.

2. Learned Senior Counsel appearing on behalf of the Municipal Corporation submits that the Executive Officer of the Corporation in compliance of the order dated 18.11.2024 is present in the Court. Learned Senior Counsel further submits that a supplementary show cause on behalf of the Executive Officer of the Corporation has been filed and from perusal of Annexure-R2/G

Patna High Court MJC No.1360 of 2021(5) dt.28-11-2024 2/2 to the supplementary show cause, it would manifest that the same details the payment being made to the petitioner. It is next submitted that petitioner retired in the year 2010 and on the date of his retirement, he was drawing the salary of Rs.9,100/- and based on the last pay drawn, the entire calculation of the petitioner has been made with up-to-date 9 per cent interest as directed by this Court in C.W.J.C. No. 10639 of 2019.

3. Learned counsel appearing on behalf of the petitioner is not satisfied with the amount which has been given to the petitioner.

4. The Court, in view of the submissions made by the learned Senior Counsel appearing on behalf of the Corporation, is not inclined to proceed any further in the contempt application, as such, the contempt application is dismissed.

5. However, the same would not preclude the petitioner seeking any relief from a competent forum in accordance with law.

6. The personal appearance of the Executive Officer, Municipal Corporation, Samastipur is dispensed with.

7. The show cause filed on behalf of the opposite party no. 2 is taken on record.

(Satyavrat Verma, J) Kundan/- U