Created by Fuzzy Cloud

Patna High Court

Uma Nath SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

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/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.