Patna High Court
Suresh RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the respondents had complied with the earlier order and therefore dismissed the petition for contempt.
Summary
The petitioners, a group of former employees, filed a writ petition seeking contempt proceedings against the State of Bihar and officials of the Danapur Nagar Parishad for allegedly violating a 16 April 2019 order that directed the Executive Officer to fix their pension and clear dues within five months. The earlier order, issued in CWJC No.7736/2019 by Justice Nilu Agarwal, required the respondent to calculate and pay pension amounts in line with other employees. The respondents filed a show‑cause notice, and the Executive Officer indicated that on 18 December 2023 the differences concerning the fourth and fifth pay scales had been cleared. The High Court examined whether the respondents had willfully disobeyed the 2019 order and whether contempt proceedings were warranted. Finding that the dues had been settled, the Court granted the petitioners liberty to approach the Court again if any grievance remained and disposed of the present petition without ordering contempt proceedings. Consequently, the petition was dismissed and the matter closed.
Issues considered
- Did the respondents willfully violate the 16 April 2019 order directing payment of pension dues?
- Is the initiation of contempt proceedings appropriate in the circumstances?
Subjects
- contempt of court
- pension dues
- municipal administration
- civil writ jurisdiction
- execution of judgment
- administrative law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2608 of 2023
In
Civil Writ Jurisdiction Case No.7736 of 2019
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1. Suresh Ram Son of late Khadern Ram, Resident of Mohalla- Takiyapar,
Digha Diyara, P.O.- Digha, P.S.- Danapur, District- Patna.
2. Lalmuni Devi, Wife of Late Babu Lal Ram, Resident of Mohalla-
Ramjichak, Gandhi Gali, P.O- Bataganj, P.S. Danapur, District- Patna.
3. Suraj Ram, Son of Shri Jagdhari Ram, Resident of Mohalla- Tarachak, P.O.-
Danapur Cant, P.S. Danapur, District- Patna.
4. Umesh Ram, Son of Late Mangal Ram, Resident of Mohalla- Tarachak,
P.O.- Danapur Cant, P.S. Danapur, District- Patna.
5. Ram Nath Ram, Son of Late Jai Kishun Ram, Resident of Mohalla-
Sultanpur, P.O.- Danapur Cant, P.S. Danapur, District- Patna.
6. Vijendra Kumar, Son of late Beni Lal Rai, Resident of Mohalla- Naya Tola,
Saguna, P.O.- Danapur Cant, P.S. Danapur, District- Patna.
7. Kalavati Devi, Wife of Late Kanhi Ram, Resident of Mohalla- Bibiganj,
Panchu Chak, P.O.- Danapur Cant, P.S. Danapur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Kumar Ravi, son of not known to petitioner
Principal Secretary, Urban Development and Housing Department, Govt. of
Bihar, Patna.
2. Kumar Ravi, Son of not known to petitioner, Principal Secretary, Urban
Development and Housing Department, Govt. of Bihar, Patna.
3. Vinod Prakash, Son of not known to petitioner, Director - cum - Dy.
Secretary, Urban Development and Housing Department, Govt. of Bihar,
Patna.
4. Vimal Chaubey, Son of not known to petitioner, Joint Secretary, Urban
Development and Housing Department, Govt. of Bihar, Patna.
5. Sushil Dev, Son of not known to petitioner, Nagar Parishad, Danapur
Nizamat, Danapur, Patna, Represented through its Municipal Executive
Officer, Nagar Parishad, Danapur Nizamat, Danapur, Patna.
6. Sunil Jha, Son of not known to Petitioner, Municipal Executive Officer,
Nagar Parishad, Danapur Nizamat, Danapur, Patna.
7. Binod Sharma, Municipal Chairperson, Nagar Parishad, Danapur Nizamat,
Danapur, Patna.
8. Rahul Chauhan, through Empowered Standing Committee, Nagar Parishad,
Danapur Nizamat, Danapur, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Bharti, Advocate
Patna High Court MJC No.2608 of 2023(4) dt.10-03-2026
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For the Opposite Party/s : Mr. Kinkar Kumar (SC-9)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 10-03-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for initiating a proceeding of contempt
against the contemnors/opposite parties for their
willful, intentional and deliberate violation of the
order dt. 16.04.2019 passed in CWJC No.
7736/2019 by Hon'ble Justice Smt. Nilu Agarwal
whereby the Hon'ble Court was pleased to held
that "claim made by the petitioners, this writ
application is disposed of with direction to
respondent no.06, The Executive Officer of the
Nagar Parishad, Danapur to fix the pension and
clear the dues of the petitioners as is being
calculated in case of other employees and make
payment of the same within a period of five months
from the date of receipt/production of the copy of
this order.”
3. A show-cause of the Nagar Parishad, Danapur is on
record, according to which, vide letter no. 4054 dated
Patna High Court MJC No.2608 of 2023(4) dt.10-03-2026
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18.12.2023, the difference of amount with regard to fourth and
fifth pay scale has been cleared by the Executive Officer,
Danapur Nizamat.
4. Granting liberty to the petitioners, if they still have
any grievance, MJC No. 2608 of 2023 stands disposed of.
(Rajiv Roy, J)
Adnan/-
U
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