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Patna High Court

Ramdev MandalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a fresh representation before the Managing Director of the bank, thereby refusing the writ of mandamus.

Summary

The petitioner, Ramdev Mandal, sought a writ of mandamus directing the State of Bihar and Bhagalpur Central Co-operative Bank to pay suspension allowance for the period 20-10-2001 to 29-04-2005, on the ground that he had been acquitted, and to fix his pay scale and grant retirement benefits comparable to junior colleagues. The petitioner later admitted that he had already received the suspension allowance and was only pursuing the second prayer regarding pay scale and retirement benefits. The Court examined whether the petitioner was entitled to the relief sought and considered the procedural propriety of the application. It held that the petitioner should first make a fresh representation to the Managing Director of the bank concerning his grievances. The Court directed the Managing Director to decide the representation within three months and ordered any consequential benefits to be paid within three months of the order. The writ application was therefore disposed of without granting mandamus.

Issues considered

  • Whether the petitioner is entitled to suspension allowance for the period of suspension after acquittal.
  • Whether the petitioner is entitled to a revised pay scale and retirement benefits comparable to junior colleagues.
  • Whether the writ of mandamus is the appropriate remedy or the grievance should be addressed through internal representation.

Subjects

  • writ of mandamus
  • suspension allowance
  • pay scale
  • retirement benefits
  • co-operative bank
  • representation
  • civil writ jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1946 of 2022
                 ======================================================
                 Ramdev Mandal S/o Ghokrun Mandal Resident of Karharia, Sultanganj
                 Bhagalpur, Bihar- 813201.

                                                                    ... ... Petitioner/s
                                              Versus
           1.    The State of Bihar through the Secretary, Co-operative Department,
                 Government of Bihar.
           2.    The Bhagalpur Central Co-operative Bank Ltd. through its Chairman.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :       Mr. Priyajeet Pandey, Advocate
                                                     Ms. Megha, Advocate
                                                     Mr. Kaustubh Kumar, Advocate
                                                     Mr. Jitendra Kumar Pandey, Advocate
                 For the Respondent/s        :       Mr. Amit Prakash (GA-13)
                                                     Mr. Rakesh Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   06-04-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the respondents.

                                 2. The petitioner has filed the instant application for

                   the following relief (s) :-

                                        “1. a) For issuance of writ in the nature of
                                        Mandamus commanding the respondent authorities
                                        to   suspension    allowance      to     the    petitioner
                                        pertaining    to    suspension         period    between
                                        20.10.2001-29.04.2005 as the petitioner was
                                        acquitted by Additional Sessions Judge I, Banka
                                        vide judgment dated 29.08.2014.
                                        b) For directing the respondent authorities to fix
                                        the pay scale to which the petitioner was entitled
                                        and on that basis grant the retirement benefit to the
                                        petitioner as the junior colleagues of the petitioner
Patna High Court CWJC No.1946 of 2022(4) dt.06-04-2026
                                            2/3




                           received better remuneration than the petitioner
                           after revocation of the suspension period.
                           c) For any other order(s), direction(s) which this
                           Hon'ble Court deems fit and proper.”


                      3. At the outset, it is fairly submitted by learned

          counsel for the petitioner that the petitioner not being aware that

          he had already received the suspension allowance for the period

          of suspension even before filing of the writ application, the

          same was erroneously prayed for. Learned counsel submits that

          he is pressing only the second prayer made in the writ

          application which is for directing the respondent authorities to

          fix the pay-scale to which the petitioner was entitled and grant

          retirement benefits as persons junior to the petitioner have been

          given.

                      4. Having heard learned counsel for the parties, this

          writ application is disposed of directing the petitioner to file a

          fresh representation before the Managing Director of the

          Bhagalpur Central Cooperative Bank Limited for the grievances

          raised in the instant application within a period of four weeks.

                      5. In case such a representation is filed, the Managing

          Director of the Bank, though he has not been made a party

          respondent herein, shall decide the same in accordance with law

          within a period of three months from the date of its filing.
         Patna High Court CWJC No.1946 of 2022(4) dt.06-04-2026
                                                     3/3




                               6. The consequential benefits found payable to the

                   petitioner shall be paid within three months from the date of

                   passing of the order.

                               7. If the representation of the petitioner does not find

                   favour with the authority concerned, he shall pass a reasoned

                   order and communicate the same to the petitioner within the

                   aforesaid period.

                               8. The writ application stands disposed of with the

                   above observations and directions.



                                              (Partha Sarthy, J)
Shiv/-

U


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