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Patna High Court

Vinod RautversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioners must first file representations before the Executive Officer, after which the empowered standing committee shall adjudicate their pension claims.

Summary

A group of ten retired employees of Nagar Parishad, Raxaul filed a writ petition seeking the grant of pension and other pensionary benefits under the Bihar Municipal Officers and Servants Pension Rules, 1987, and the implementation of a contributory pension scheme approved by the empowered standing committee. The petitioners alleged that despite retirement, their pension dues remained unsettled. The respondents argued that the petitioners should first file individual representations detailing their entitlement before the Executive Officer of the Nagar Parishad. The High Court directed the petitioners to submit their representations, along with supporting documents, within six weeks, after which the empowered standing committee would adjudicate the claims within another six weeks. The court did not grant immediate pension relief but ordered the administrative process to be followed, and consequently disposed of the writ application.

Issues considered

  • Whether the retired employees are entitled to pension and pensionary benefits under the Bihar Municipal Officers and Servants Pension Rules, 1987.
  • Whether the petitioners must first file individual representations before the Executive Officer before the court can grant relief.

Legislation cited

  • Bihar Municipal Officers and Servants Pension Rules, 1987

Subjects

  • pension
  • municipal officers
  • retirement benefits
  • contributory pension scheme
  • representation
  • Bihar

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.19567 of 2025
                 ======================================================
           1.     Vinod Raut S/o - Late Devnarayan Raut, Resident of - Ward No. 1, Bada
                  Preuwa, P.S.- Raxaul, Distt. - East Champaran.
           2.    Baby Devi, Wife of Late Madan Kumar Singh, Resident of - Chikni,
                 Jokiyari, P.S. Raxaul, District- East Champaran.
           3.    Krishna Raut, Son of Bagar Raut, Resident of Ward No. 1, Bara Pareuwa,
                 P.S.- Raxaul, District- East Champaran.
           4.    Md. Subham, Son of Ahamad Miyan, Resident of Ward No. 16, Bada
                 Pareuwa, P.S.- Raxaul, District- East Champaran.
           5.    Kalika Raut, Son of Kenga Raut, Resident of Vill.- Arara, P.S. - Adapur,
                 District- East Champaran.
           6.    Krishna Nandan Singh, Son of Late Kameshwar Singh, Resident of
                 Jatwaliya, P.S.- Kundwa Chainpur, District- East Champaran.
           7.    Shravan Kumar Shrivastav, Son of Late Ramnarayan Prasad, Resident of
                 village Naga Road Ward No. 22, P.S.- Raxaul, District- East Champaran.
           8.    Giraja Devi, Wife of Late Vindhyachal Malik, Resident of Ward No. 07,
                 Ahirwatola, P.S.- Raxaul, District- East Champaran.
           9.    Golika Devi, Wife of Late Manhi Malik @ Late Mantu Malik, Resident of
                 Ward No. 07, Ahirawa Tola, P.S.- Raxaul, District- East Champaran.
           10. Ajay Shankar, Son of Late Brahamdev Prasad, Resident of village Lohapatti
               Ward No. 12, P.S.- Raxaul, District- East Champaran.

                                                                          ... ... Petitioner/s
                                                 Versus
           1.    The State of Bihar through Secretary, Urban Development and Housing
                 Department, Government of Bihar, Patna.
           2.    The Deputy Secretary-Cum-Director, Urban Development and Housing
                 Department, Government of Bihar, Patna.
           3.    The Distirct Magistrate, East Champaran at Motihari.
           4.    The Executive Officer, Nagar Parishad, Raxaul, East Champaran.
           5.    The Empowered Standing Committee, Nagar Parishad, Raxaul through its
                 Chairman.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Shambhu Narayan Singh
                 For the Respondent/s   :     Mr. U.S.S. Singh, GP-19
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   09-01-2026                    Heard learned counsel for the petitioners and
Patna High Court CWJC No.19567 of 2025(2) dt.09-01-2026
                                           2/3




          learned counsel for the respondents.

                      2. The instant writ application has been filed for the

          following reliefs:-

                          (i) For directing the respondents to give benefit of
                          pension and other pensionary benefit to the retired
                          employee of Nagar Parishad, Raxaul as per the
                          provisions of Bihar Municipal Officers and Servant
                          Pension Rules, 1987.
                          (ii) For directing the respondent authorities to
                          comply with the direction issued by the respondent
                          no.2 vide letter no.6074 dated 19.10.2010.
                          (iii) For directing the respondents to implement the
                          contributory pension scheme in consonance with
                          the resolution passed by empowered standing
                          committee on 04.01.2022.
                          (iv) For any other relief for which the petitioner
                          will be found entitled in the facts and
                          circumstances of the case.


                      3. Learned counsel for the petitioners submits that the

          the petitioners have retired from the Office of Nagar Parishad,

          Raxaul on different dates and despite these petitioners having

          been retired, their pension and pensionary benefits have not

          been settled.

                      4. On the other hand, learned counsel for the Nagar

          Parishad submits that the petitioners may be directed to file

          individual representations before the Executive Officer, Nagar

          Parishad, Raxaul along with all details of their entitlement for
           Patna High Court CWJC No.19567 of 2025(2) dt.09-01-2026
                                                      3/3




                     the adjudication of their claims.

                                 5. In view of the submissions of the parties, the

                     petitioners are directed to file their respective representations

                     before Respondent No. 4, along with all supporting documents,

                     including a copy of the present order, within a period of six

                     weeks from today. Upon submission of such representations, the

                     office of Respondent No. 5 shall adjudicate the claims of the

                     petitioners and pass the necessary orders within a further period

                     of six weeks, extending the benefits if found admissible under

                     law.

                                 6. With the aforesaid observation and direction, the

                     instant writ application stands disposed of.



                                                            (Ajit Kumar, J)

shikha/-

U


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