Patna High Court
Uma Nath SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that no contempt of court was established and dismissed the contempt petition.
Summary
Uma Nath Sharma, a retired teacher, filed a civil contempt petition alleging that several state officials willfully ignored a June 17, 2020 order of this Court directing the District Programme Officer to revise his pension under the 7th Pay Commission and to complete related formalities within two months, with the Accountant General to follow within a further month. Sharma sought interest at 9% for any delay. The respondents filed a show‑cause notice, but the petitioner’s counsel submitted that the grievance had already been redressed. The Court examined whether the respondents’ actions amounted to contempt of its earlier order. Finding no evidence of willful disobedience, the Court held that no contempt was made out and disposed of the petition.
Issues considered
- Whether the respondents’ alleged delay in implementing the pension revision order constitutes civil contempt of the Court.
- Whether the contempt petition is maintainable in view of the alleged redress of the grievance.
Subjects
- civil contempt
- pension revision
- 7th Pay Commission
- contempt of court
- execution of judgment
- public servant
- interest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2149 of 2021
In
Civil Writ Jurisdiction Case No.10753 of 2019
======================================================
Uma Nath Sharma Son of Late Sewnandan Sharma Retired Assistant Teacher
Government Basic School Chhapra (Gudari) at Saran, resident of Village -
Tekniwas, Post- Kachnar, Block and Police Station- Rivilganj, District -
Saran, at present Mohallah- Shiv Bazar (Pragati Nagar), West of Jail, Post and
Police Station- Bhagwan Bazar, District - Saran (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Sri Sanjay Kumar, age not known, Sex- Male,
Son of not known, posted and working as Principal Secretary, Education
Department, Ground Floor, New Secretariat, Vikash Bhawan, Patna, Bihar.
2. Sri Ranjit Kumar Singh, age not known, Sex- male, Son of not known,
posted and working as Director Primary Education, Ground Floor, New
Secretariat, Vikash Bhawan, Patna, Bihar.
3. Sri Ajay Kumar Singh, age not known, Sex- Male, Son of not known, posted
and working as Regional Deputy Director, Saran, Bihar.
4. Sri Rajesh Meena, age not known, Sex- Male, Son of not known, posted and
working as District Magistrate, Saran.
5. Sri Sunil Kumar Gupta, age not known, Sex- Male, Son of not known,
posted and working as District Education Officer, Saran.
6. Sri Bidhan Chandra Rai, age not known, Sex- Male, Son of not known,
posted and working as District Programme Officer, Saran.
7. Sri Ram Chandra Poddar, age not known, Sex- Male, Son of not Known,
posted and working as Head Master, Government Basic School Chapra
(Gudari), District - Saran at Chapra.
8. Sri Praveen Kumar Singh, age not known, Sex- Male, Son of not known,
posted and working as Accountant General (Accounts and Entitlement)
Mahalekhar Bhawan, Birchand Patel Marg, R. Block, Patna.
9. Sri Manmeet Kumar age not known, Sex- Male, son of not known, posted
and working as Deputy Accountants General (Accounts and VLC)
Mahalekhar Bhawan, Birchand Patel Marg, R.Block, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar No 13
For the Opposite Party/s : Mr.Madanjeet Singh (Gp20)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 10-03-2026 Heard the parties.
Patna High Court MJC No.2149 of 2021(3) dt.10-03-2026
2/3
2. The petitioner has prayed for grant of following
relief :-
“1. That this is an application for initiating
a proceeding of Civil Contempt against the
contemnors - opposite parties for their willful
violation and deliberate disobedience to the order
dated 17/06/2020 passed in C.W.J.C. No.- 10753 of
2019 by a bench of this Hon'ble Court presided over
by Hon'ble Mr. Justice Anil Kumar Upadhyay,
whereby and where under this Hon'ble Court pleased
to District Programme Officer (Establishment), Saran
to take immediate step for revision of pension of the
petitioner as the petitioner retired on 29.2.2008. The
benefit of pay revision including 7th pay revision is
available to pensioner and as such the respondent -
District Programme Officer (Establishment), Saran is
required to complete all the formalities at the earliest
so that the petitioner may receive monetary benefit of
revision of pension as per 7th PRC within a period of
two months from today and thereafter the office of the
Accountant General is required to complete the other
formalities within a further period of one month. In
the event of delay the petitioner would be entitled to
interest at the rate of 9% which shall be realized from
the erring respondents who is responsible for causing
delay.”
3. Learned counsel for the petitioner submits that the
show cause has come on behalf of Opposite Party and in
Patna High Court MJC No.2149 of 2021(3) dt.10-03-2026
3/3
paragraph No.6 shows that the grievance of the petitioner has
been redressed.
4. In that background, in the present, no contempt is
made out and granting liberty to agitate the matter, the contempt
petition stands disposed of.
(Rajiv Roy, J)
sanjeev/-
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