Patna High Court
Chittaranjan DasversusThe State of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that the petitioner’s grievances have been fully redressed and there is nothing left for adjudication, leading to dismissal of the writ petition.
Summary
The petitioner, a retired headmaster, filed a writ petition seeking to quash an order dated 24‑10‑2018 that directed the recovery of an alleged excess payment from his pension without any show‑cause notice or hearing, and also requested that his full retirement benefits be paid from his retirement date. The State argued that the petitioner’s grievances had already been addressed: he was receiving the applicable increments, a waiver for the Hindi examination had been granted, and his pension papers had been returned for salary refixation. The petitioner’s counsel could not obtain further instructions from him. The court found that, given the State’s submissions, there was no remaining issue for adjudication. Consequently, the writ application was disposed of, effectively dismissing the petition.
Issues considered
- Whether the order directing recovery of alleged excess from the petitioner’s pension without notice and hearing violates principles of natural justice.
- Whether the petitioner is entitled to full retirement benefits despite the alleged excess payment.
- Whether the grievance has been fully redressed, thereby precluding further judicial intervention.
Subjects
- writ jurisdiction
- natural justice
- pension recovery
- retirement benefits
- administrative order
- quash order
- civil service
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5089 of 2019
======================================================
Chittaranjan Das S/o Late Sitish Chandra Das Resident jof Village-Bahagar,
P.O. Mahishal, P.S. Balrampur,Dist.-Katihar
... ... Petitioner/s
Versus
1. The State of Bihar and Ors through the Principal Secretary,Education
Department,Govt. of Bihar,Patna
2. The Director,Primary Education Department,Govt. of Bihar,Patna
3. The District Education Officer, Katihar
4. The District Programme Officer(Establishment),Katihar
5. The Block Education Officer, Balrampur
6. The Accountant General ( A and E) Bihar,Patna
7. The Assistant Accountant Officer cum Senior Accountant Officer of
Accountant General (A and E) Bihar,Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Helal Ahmad
For the Respondent/s : Mr. Bijay Bhushan Pd, AC to SC13
Mr. Chaitanya Swaroop
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
6 12-01-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The instant writ application has been filed for
quashing the order dated 24.10.2018 issued under Memo No.
2199 by the District Programme Officer (Establishment),
Katihar, i.e., Respondent No. 4, whereby and whereunder the
excess amount allegedly paid to the petitioner has been directed
to be recovered from the retiral benefits/pension of the
petitioner, without any fault on the part of the petitioner and
Patna High Court CWJC No.5089 of 2019(6) dt.12-01-2026
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without issuing any show-cause notice or providing an
opportunity of hearing to the petitioner. The petitioner has
further prayed for a direction to the respondents to make
payment of all retiral benefits to the petitioner from the date of
his retirement, i.e., 31.01.2018, from the post of Headmaster of
Aadarsh Middle School, Balrampur, and during the pendency of
this writ application, to stay the operation of the order dated
24.10.2018 issued under Memo No. 2199 by Respondent No. 4.
3. Learned counsel for the State, by drawing the
attention of this Court to the statements made in paragraphs 8, 9,
and 10 of the counter affidavit filed on behalf of the
respondents, submits that the grievance of the petitioner has
already been redressed. The petitioner is receiving increments
applicable to the post of Headmaster in terms of the provisions
dated 01.09.1993. Insofar as the requirement of passing the
examination pertaining to Hindi noting and drafting is
concerned, the same has been waived for the purpose of
admissible increments vide letter dated 19.09.2018, and
considering the aforesaid, the pension papers forwarded by the
Office of the Accountant General have already been returned for
refixation of the petitioner’s salary, and therefore, nothing
survives for adjudication in the present case.
Patna High Court CWJC No.5089 of 2019(6) dt.12-01-2026
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4. At this stage, learned counsel for the petitioner
submits that he has tried to contact the petitioner for appropriate
instructions but has failed despite several efforts.
5. Be that as it may, the grievances raised by the
petitioner have already been redressed by the respondent-State,
and appropriate submissions/ statements to that effect have been
made in the counter affidavit. Accordingly, nothing survives for
adjudication of the claim in the present case.
6. In the result, this writ application stands disposed
of.
(Ajit Kumar, J)
shikha/-
U
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