Narmadeshwar Jha v. The Jamalpur Nagar Parishad, Through Its Chairman Rajesh Paswan And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.931 of 2015 In Civil Writ Jurisdiction Case No. 4552 of 2012 ====================================================== Narmadeshwar Jha Son of Late Ram Gulam Jha Resident of Mohalla - Olipur, New Mohalla, P.O. & P.S. Jamalpur, District - Mungher .... .... Petitioner/s

Versus

1. The Jamalpur Nagar Parishad, through its Chairman Rajesh Paswan

2. Sri Rajesh Paswan Son of not Known Chairman, Jamalpur Nagar Parishad, District - Munger

3. Smt. Poonam Kumari Daughter of not Known, Executive officer, Jamalpur Nagar, Parishad, Mungher .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Kumar Singh For the Respondent/s : Mr. Rakesh Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-08-2015 Heard counsel for the petitioner and counsel for the Jamalpur Nagar Parishad, Munger.

A show cause has been filed on behalf of opposite party nos. 1 to 3. Counsel for the opposite parties referring to the averments made therein as also the reasoned order passed by the Executive Officer of the Nagar Parishad (Annexure-A) submits that the order passed on the writ petition has been complied with. The representation of the petitioner was considered and he was found entitled to pension admissible to the employees of the Parishad and has been paid upto June, 2010. The pension for the subsequent months could not be paid because of financial

Patna High Court MJC No.931 of 2015 (2) dt.26-08-2015 2/2 constraints/crunch. He also states that other retired employees have also not been paid the pension beyond 2010 Counsel for the petitioner submits that indisputably the pension for the subsequent months has not been paid to the petitioner.

Having regard to the order which this Court passed on the writ petition and the statements made in the show cause this Court is satisfied that the opposite parties have not wilfully/deliberately disobeyed the order of this Court. In fact, they have acted in aid of the order. If the petitioner is not being paid the regular pension including arrears thereof, it will be open to him to agitate the said grievance before the appropriate authority/forum in accordance with law.

The contempt application is dismissed.

(Kishore Kumar Mandal, J) HR/- U