Patna High CourtMJC/4002/2012disposed

Yogendra v. The State Of Bihar And ORS

2015-04-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4002 of 2012 ====================================================== Yogendra son of Late Muni Lal R/O Mohalla - Ratanpura, P.O. Bhagwan Bazar, P.S. Bhagwan Bazar, District - Chapra ( Saran ) .... .... Petitioner/s

Versus

1. The State Of Bihar Through Mr. Sudhir Kumar, Secretary, Urban Development, New Secretariate, Patna

2. Mr. Binay Kumar, District Magistrate, Saran At Chapra

3. Mrs. Shoba Devi, Chairman, Nagar Parisad, Chapra

4. Mr. Braj Kishore Sadanand, Executive Officer, Nagar Parishad, Chapra .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Alok Kumar Sinha For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-04-2015 Heard Dr. Alok Kumar Sinha, learned counsel for the petitioner, learned AC to AAG No. 2 as well as Sri Rakesh Kumar Tiwary, learned counsel who has appeared on behalf of Nagar Parishad, Chapra.

The present petition was filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of willful disobedience to an order passed in CWJC No.16476 of 2011.

In this case show causes have been filed on behalf of Nagar Parishad, Chapra and in the last show cause it has been indicated that payment has already been made. Only in respect of difference of pay on the basis of 5th pay revision from 1.4.1996 to

Patna High Court MJC No.4002 of 2012 (8) dt.15-04-2015 2/2 31.12.2004 it has been indicated that fund has been demanded from the State Government and after receiving allocation of fund payment shall be made.

Learned counsel for the petitioner disputes that though the Nagar Parishad is saying that petitioner has been paid as per 5th pay revision actually payment has been made in view of 4th pay revision.

The court is of the opinion that while disposing of the writ petition no such direction was given. If the petitioner feels aggrieved with the action of the Nagar Parishad, he would be at liberty to assail the same in an appropriate proceeding. The petition stands disposed of.

(Rakesh Kumar, J) Praful/- U