Kapildev Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10885 of 2025 ====================================================== 1.

Kapildev Mandal Son of Late Shiv Mandal, Resident of Village- Oriup, P.S.- Kahalgaon, District- Bhagalpur.

2.

Subhodh Singh Son of Late Ajablal Singh, Resident of Village- Narayanvati, P.S.- Sanokhar, District- Bhagalpur.

3.

Mahesh Paswan Son of Late Shri Ram Paswan, Resident of Mohalla- East Tola, Post- Kahalgawan, District- Bhagalpur.

4.

Ramprit Yadav Son of Late Chabbu Yadav, Resident of Village- Ward No. 16, Kahalgaon, P.S.- Kahalgaon, District- Bhagalpur. 5.

Chulhay Paswan Son of Late Darbari Paswan, Resident of Village- Ward No. 14, Purab Tola Kahalgaon, P.S.- Kahelgaon, District- Bhagalpur. 6.

Prakash Mandal Son of Late Khublal Mandal, Resident of Village- Saitpura Kulkuliya, P.S.- Kahalgaon, District- Bhagalpur. 7.

Dhaneshwar Mandal Son of Late Chetu Mandal, Resident of VillageSaitpura, P.O- Kulkuliya, P.S.- Kahalgaon, District- Bhagalpur. 8.

Suresh Paswan Son of Late Madari Paswan, Resident of Village- Amjora, P.O.- Meharma, P.S- Barahat, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Commissioner-cum-Secretary, Irrigation Department, Water Resources Department, Sinchai Bhawan, Government of Bihar, Patna.

2.

The Engineer-in-Chief, Water Resources Department, Sinchai Bhawan, Patna.

3.

Chief Engineer, Water Resources Department, Bhagalpur. 4.

Superintendent Engineer, Irrigation Circle, Ganga Pump Canal Circle, Bhagalpur.

5.

Executive Engineer, Ganga Pump Canal Division, Bateshwar Asthan, Kahalgaon.

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Respondent/s :

Mr.Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 17-07-2025 Heard Learned counsel for the petitioners and Learned counsel for the State.

Patna High Court CWJC No.10885 of 2025 dt.17-07-2025 2/3

2. Counsel for the petitioners submits that the present writ application has been filed for directing the respondent authorities to make payment against dearness allowance for the period Feb, 1999 to Nov, 2014 admissible to petitioners. Further prayer has been made for payment of post retiral benefits to petitioners who were duly regularized/absorbed against Class III/IV posts and further for payment of pension and other retiral benefits accrued since the date of their respective retirement. Further prayer has been made to restrain the respondents from recovering the amount already paid to petitioners as dearness allowance admissible to them.

3. Counsel for the State raised preliminary objection and submits that the prayer for issuance of mandamus for grant of the above relief, have been demanded by the petitioners, but in this regard, representation is lacking in the present writ petition.

4. In this view of the matter, the present writ application is hereby disposed off directing the petitioners to file a fresh representation with all their grievances which they have demanded in the present writ petition, before the Chief Engineer, Water Resources Department, Bhagalpur (respondent No.3) within 30 days from today and Respondent No.3 shall

Patna High Court CWJC No.10885 of 2025 dt.17-07-2025 3/3 pass a reasoned and speaking order on the same within 90 days thereafter.

5. It is made clear that if petitioners are found entitled for the relief which they have demanded in the present writ petition, then in that case, the respondent No.3 shall provide the same within 3 months thereafter.

6. With the aforesaid observations, the present writ application stands disposed off.

(Dr. Anshuman, J.) Prakashmani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 21.07.2025 Transmission Date N/A