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Patna High CourtCWJC/12968/2025disposed

Jitendra Kumar, Retired Panchayat Secretary, v. The State Of Bihar

2025-09-11Mr. Justice Partha Sarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12968 of 2025 ====================================================== 1.

Jitendra Kumar, Retired Panchayat Secretary, son of Late Awadh Bihari Singh, Resident of Village- Gopalbari, P.O Gopalbari, P. S.- Masarakh, District- Saran (Bihar).

2.

Ganesh Singh, retired Panchayat Secretary, son of Late Ram Gobind Singh, Resident of Village- Galimapur, P.O Masarakh, P. S.- Taraiya, District Saran (Bihar) 3.

Mahesh Bhagat, retired Panchayat Secretary, son of Late Jamuna Bhagat, Resident of Village - Anyay, P.O- Babhan Gawa, P. S.- Parsa, District- Saran (Bihar).

4.

Jitendra Kumar Singh, retired Panchayat Secretary, son of Late Lakshmi Singh, Resident of Village and P.O- Rasauli, P. S.-Panapur, District Saran (Bihar) 5.

Amar Kumar Mishra, retired Panchayat Secretary, son of Late Giriwardhari Mishra, Resident of Village and P.O- Rasulpur, P. S. Amanaur, DistrictSaran (Bihar) 6.

Lal Babu Singh, retired Panchayat Secretary, son of Late Gopal Singh, Resident of Village and P. O - Sikati Bhikham, P. S.- Masarakh, District - Saran (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Panchayati Raj Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Saran (Chapra).

4.

The District Panchayat Raj Officer, Saran at Chapara. 5.

The Block Development Officer, Block- Dariyapur, District-Saran (Chapra). 6.

The Block Development Officer, Block- Sonpur, District - Saran (Chapra). 7.

The Principal Accountant General (A and E), Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar, Advocate For the State : Mr. K.N. Jha, AC to GP-11 For the Accountant General : Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-09-2025

1. Heard learned counsel for the petitioner and learned

2/4 counsel for the respondents.

2. The petitioners have filed the instant writ application for the following relief(s) :- "1.

(I) For commanding the respondents to make payment of Salary to the petitioners of the post of Panchayat Sewak from the date of joining in the Training Institute as given to similar situated Panchayat Sewak by the Govt. of Bihar.

(II) For further direction to the respondents to make Payment of arrear of Salary after fixation of date initial appointment from the date of joining in Training Institute to petitioners and consequential benefits of retiral dues.

(III) For further direction to the respondent authorities to to pay 18% compound interest on his dues salary for delay payment. (IV) For further any other reliefs/reliefs, direction /Directions, order / orders may deem fit and proper in the facts and circumstances of this case."

3. The case of the petitioners in brief is that having been appointed on the post of Panchayat Sevak/Secretary on 16.10.1995, they joined the Panchayat Training Institute at Deoghar on 17.10.1995 for taking training. On completion of the training they joined in the office of District Panchayat Raj Officer, Saran on 13.12.1996.

4. The grievance of all the petitioners herein is that

3/4 though they joined the Training Institute, Jasidih at Deoghar on 17.10.1995, their salary have been given from 13.12.1996.

5. Learned counsel for the petitioners in support of his submissions placed reliance on an order of the District Magistrate, Saran, Chapra dated 16.4.2025 brought on record as Annexure-9 to the petition.

6. It is prayed by learned counsel for the petitioners that the writ application be disposed of giving liberty to the petitioners to represent before the District Magistrate, Saran, Chapra and with a direction to the District Magistrate to decide the representation and to pay the consequential benefits within a reasonable time.

7. Having heard learned counsel for the parties and taking into consideration the facts of the case and the submissions made, the writ application is disposed of with a direction that the petitioners shall file their individual/separate representations before the District Magistrate, Saran (Chapra) (respondent no.3) within a period of 4 weeks.

8. The representation shall be decided by the District Magistrate within a period of 2 months from the date of its filing.

9. In case the contention of the petitioners finds

4/4 favour, the consequential benefits shall be paid to the petitioners within a period of 2 months from the date of passing of the order.

10. It is made clear that the Court has not gone into the merits of the case of the petitioners which is to be decided by the respondent concerned.

11. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J) avinash/- U