Birbal Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13069 of 2025 ====================================================== 1.

Birbal Ansari Son of Late Gulmahammad Miyan, Retired Panchayat Secretary, Resident of Village and P.O- Chanchaura, P.S.- Rasulpur, DistrictSaran (Bihar). 2.

Md. Surfuddin Son of Late Md. Hafiz, Retired Panchayat Secretary, Resident of Village- Fulwaria, P.O.- Fulwaria, P.S- Fulwaria, District- Saran (Bihar).

3.

Md. Umar Ansari Son of Late Samsuddin Ansari, Retired Panchayat Secretary, Resident of Village- Khodiabagh Takiya, P.O- Khodiabagh, P.STakia District- Saran (Bihar). 4.

Jai Prakash Singh Son of Late Sudarshan Singh, Retired Panchayat Secretary, Resident of Village- Durgapur Manjhi, P.O- Durgapur Manjhi, P.S- Manjhi, District- Saran (Bihar).

5.

Suresh Kumar Singh Son of Late Shree Narayan Singh, Retired Panchayat Secretary, Resident of Village and P.O- Khopipakar, Amnaur, P.S- Amnaur, District- Saran (Bihar).

6.

Baban Singh Son of Late Sri Ram Singh, Retired Panchayat Secretary, Resident of Village- Sisauni, P.O- Sutihar, P.S- Derni, District- Saran (Bihar).

7.

Sheojee Yadav Son of Late Banarasi Yadav, Retired Panchayat Secretary, Resident of Village- Bishunpura Khurd, P.O- Safari, P.S.- Safari, DistrictSaran (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 Chapra. 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. Ajay Behari Sinha, GA-8 For the Accountant General :

Mr. Arun Kumar Arun, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT

2/4 Date : 16-09-2025 Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The petitioners have filed the instant 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. It is the case of the petitioners that having been appointed on the post of Panchayat Sewak (now Panchayat Secretary) on 16.10.1995, they joined the Panchayat Training Institute, Jasidih, Deoghar on 17.10.1995. On conclusion of the training, they joined the office of the District Panchayat Raj Officer, Saran on 13.12.1996.

3/4

4. The petitioners are aggrieved by the action of the respondents insofar as payment of salary has been made to the petitioners from the date of their joining in the office of the District Panchayat Raj Officer and not from the date of their joining in the training institute, though such payment has been made to some of the similarly situated persons vide order contained in memo no.1425 dated 16.4.2025 (Annexure-P10) issued under the signature of the District Magistrate, Saran at Chapra.

5. Having heard learned counsel for the parties and taking into consideration the contents of the petition and the submissions made, this writ application is disposed of directing the petitioners to file their individual/separate applications before the District Magistrate, Saran at Chapra (respondent no.3) with respect to the reliefs prayed for herein.

6. In case the representation is filed within a period of two weeks, the same shall be disposed of by the respondentDistrict Magistrate within a period of two months from the date of its filing.

7. It is further directed that in case it is found that the petitioners are entitled for the arrears of salary from the date of their joining in the training institute, the monetary benefits

4/4 arising thereof shall be paid to the petitioners within the aforesaid period.

8. It is observed here that the Court has not gone into the merits of the case of the petitioners which shall be decided by the respondent concerned.

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

(Partha Sarthy, J) Shiv/- AFR/NAFR CAV DATE N/A Uploading Date 17.09.2025 Transmission Date