Patna High Court
Vinod RautversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
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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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