Patna High Court
Ramdev MandalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
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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