Patna High Court
Chanarik BaithaversusSri Amrit Lal Meena
- Decided
- Disposal
- DISPOSED
Holding
The contempt application is dismissed as the order has been substantially complied with and the quantum of dues must be determined in a fresh writ petition.
Summary
Chanarik Baitha filed a contempt application alleging that the State of Bihar had not complied with a prior order directing payment of his pension and gratuity after his deputation. The earlier order, issued in CWJC No. 6834 of 2017 and affirmed by a Letters Patent Appeal, required the pension to be calculated on the last drawn pay and the gratuity to be paid with interest, invoking Sections 2 and 4A of the Payment of Gratuity Act. The State argued that it had complied with the order, while the petitioner contended that the pension amount and a portion of the gratuity were still unpaid. The Court held that disputes over the quantum of dues cannot be decided in a contempt proceeding and must be raised in a fresh writ petition. Consequently, the Court found the order to have been substantially complied with and dismissed the contempt application. The application was therefore disposed of without further orders.
Issues considered
- Whether the order directing pension and gratuity payment to the petitioner has been complied with by the State of Bihar.
- Whether a contempt petition is the appropriate forum to adjudicate disputes concerning the quantum of pension and gratuity.
- Whether the petitioner must file a fresh writ application to seek determination of the exact amounts payable.
Legislation cited
- Payment of Gratuity Act — s. 2, 4A
Subjects
- contempt
- pension
- gratuity
- Payment of Gratuity Act
- Letters Patent Appeal
- writ petition
- exemplary cost
- interest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No. 3702 of 2024
In
Letters Patent Appeal No.1293 of 2019
======================================================
Chanarik Baitha Son of Late Sukhlal Baitha Resident of Mohalla-Shipara
East, P.S.-Beur, District-Patna.
... ... Petitioner/s
Versus
1. Sri Amrit Lal Meena Name not Known to the Petitioner, Chief, Secretary,
Government of Bihar, Main Secretariat, Patna.
2. Smt. Harjot Kaur Banhrah Name of the husband not Known to the Petitioner
Principal Secretary, Department of Social Welfare, Government of Bihar,
Patna.
3. Sri----not Known Joint Secretary, Department of Social Welfare,
Government of Bihar, Patna (Post Lying Vacant.)
4. Sri Kaushal Kishore not Known to the Petitioner Director, Directorate of
Integrated Child Development Services (ICDS), Social Welfare Department,
Government of Bihar, Indira Bhawan, 2nd Floor, Ram Charitra Singh Path,
Boring Canal Road, Patna.
5. Sri Anand Kishore Name not Know to the Petitioner, Commissionre and
Secretary, Department of Finance, Main Secretariat, Government of Bihar,
Patna.
6. Sri Pushkar Kumar Name of not Known to the Petitioner Accountant
General, Bihar, Beer Chand Patel Path, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kishore Kumar Thakur, Adv.
Mr. Braj Kishore Singh, Adv.
For the Opposite Party/s : Mr. Sunil Kumar Mandal, SC-3
Mr. Bipin Kumar, AC to SC-3
For AG : Mr. Binod Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE PARTHA SARTHY)
5 13-02-2026 Heard learned counsel for the parties.
2. The instant application has been filed alleging
violation of the judgment dated 17.10.2023 passed in LPA No.
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1293 of 2019.
3. The writ application (CWJC No. 6834 of 2017)
filed by the petitioner was decided directing that the writ
petitioner should be treated to have been absorbed on and from
the date of deputation and should be granted the pensionary
benefits in terms of the pension rules which were operational at
the relevant time.
4. The State of Bihar came to challenge the said order
passed in the writ application by filing which was dismissed
with exemplary cost in the following terms:
The Letters Patent Appeal is dismissed
with exemplary cost of Rs. 10,000/- (ten thousand)
payable to the first respondent together with the
other retirement dues applicable to him; for the
attitude of the Government, which does not
ordinarily behove a welfare State; especially in the
teeth of the inter-parties judgment. It is also made
clear that if the pension dues are not paid within
the time stipulated, it shall carry 9% interest from
the beginning of the fourth month from today, till it
is paid. If any gratuity remains to be paid, it goes
without saying that it shall carry interest @ 9%
from the expiry of one month from the date of his
retirement till the date of payment; if not already
paid.
5. Show cause has been filed on behalf of the
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opposite parties and it is submitted by learned counsel for the
opposite parties that the order from which the instant contempt
application arises has been complied with.
6. In response, it is strongly contested by learned
counsel appearing for the petitioner that the order from which
the contempt application arises has not been complied with
insofar as the pension payable to the petitioner is concerned, the
same has not been fixed on the last pay drawn. Further, a part of
the gratuity to which the petitioner is entitled has also not been
paid in view of some part of the period which the petitioner
worked has been left out in calculating the amount payable.
Further, the opposite parties have not even taken into account
Section 2 and 4A of the Payment of Gratuity Act in calculating
the amount of gratuity to be paid.
7. In our opinion, the contentions raised by the
petitioner cannot be gone into in a contempt application where
the scope is limited. These contentions will have to be raised by
the petitioner in a fresh writ application.
8. In view of the facts and circumstances stated herein
above, in the opinion of the Court, the order from which the
instant contempt application arises having been substantially
complied with, nothing remains to be decided further herein.
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9. The instant application stands disposed of.
(Partha Sarthy, J)
( Rajiv Roy, J)
Vijay Singh/-
U
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