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Patna High Court

Ram Yash SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The contempt petition is disposed of, with the petitioners directed to seek redress for the unpaid interest through a representation within four weeks.

Summary

Four superannuated electrical engineers filed a contempt petition before the Patna High Court alleging that the State of Bihar had not fully paid the interest due on their pension arrears, although the principal amount had been paid as ordered in Civil Writ Jurisdiction Case No.3416 of 2020. The Court observed that the petitioners had complied with the earlier order except for the interest component. It directed the petitioners to make a representation within four weeks to claim the outstanding interest, after which the opposite party would adjudicate the claim and pass a reasoned order. If the grievance is justified, the Court ordered that the interest benefits be extended accordingly. Consequently, the contempt petition was disposed of.

Issues considered

  • Whether the petitioners have fully complied with the order passed in C.W.J.C. No.3416 of 2020
  • Whether the non‑payment of the interest portion constitutes contempt of court
  • What remedy is available for the petitioners to recover the outstanding interest

Subjects

  • contempt
  • civil writ
  • pension
  • interest
  • compliance
  • High Court
  • representation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Miscellaneous Jurisdiction Case No.999 of 2021
                                                       In
                                 Civil Writ Jurisdiction Case No.3416 of 2020
                 ======================================================
           1.     Ram Yash Sah S/o Late Yougeshwar Sah R/o Village- Rambhelahi, P.S.
                  Parihar, Distt- Sitamarhi, Superannuated from the post of Junior Electric
                  Engineer, Electric Works Division, B.C.D., Bihar, Muzaffarpur.
           2.    Rama Kant Singh S/o Late Gupteshwar Singh, R/o Village- Kapasia, P.S.
                 Kandawa, Distt- Chandauli, State of U.P. Superannuated from the post of
                 Electrical Junior Engineer, under Electrical Works Division, Building
                 Construction Department, Darbhanga.
           3.    Raj Narayan Upadhaya S/o Late Baidya Nath Upadhaya. R/o Village-
                 Kazipura, P.S. Doriganj, Distt- Chapra, Superannuated from the post of
                 Electrical Junior Engineer, under Electrical Works Division, Building
                 Construction Department, Darbhanga.
           4.    Kaushal Kishore Mandal S/o Late Dahogi Mandal, R/o Village- Kamal
                 Nagar Colony, P.S. Mojahitpur, Distt- Bhagalpur, Superannuated from the
                 post of Electrical Junior Engineer, Electrical Estimating Division No. 2,
                 Building Construction Department, Bisheshraiya Bhawan, Patna, presently
                 reorganized Electrical Works Division, B.C.D., Darbhanga.
                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Sri Kumar Ravi, Secretary, Building
                 Construction Department, Bishesaraiya Bhawan, Bailey Road, Patna.
           2.    Sri Kumar Ravi, Secretary, Building Construction Department, Bishesaraiya
                 Bhawan, Bailey Road, Patna.
           3.    Sri Deepak Kumar Sahu, the Deputy Secretary, Building Construction
                 Department, Bishesaraiya Bhawan, Bailey Road, Patna.
           4.    Sri Ashim Kumar, the Electrical Chief Engineer, Building Construction
                 Department, Bishesaraiya Bhawan Campus, Bailey Road, Patna.
           5.    Sri Anil Kumar, the Electrical Executive Engineer, Electrical Works
                 Division, Building Construction Department, Muzaffarpur.
           6.     Sri Ravindra Raman, the Electrical Executive Engineer, Electrical Works
                  Division, Building Construction Department, Darbhanga.
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Jai Prakash Verma, Advocate
                 For the Opposite Party/s :    Mr. Raj Ballabh Prasad Yadav (AAG-11)
                                               Mr. Jitendra Kumar, AC to Ex-AAG-11
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   13-02-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the State.
           Patna High Court MJC No.999 of 2021(3) dt.13-02-2026
                                                       2/2




                                   2. Learned counsel for the petitioners fairly submits

                     that the order passed by this Court in C.W.J.C. No.3416 of

                     2020 has been complied with but insofar the interest portion is

                     concerned, that has not been fully complied and only part

                     interest is paid.

                                  3. In view of the fact that full compliance has been

                     made, save and except, the interest portion for which the

                     petitioner is showing his grievance, liberty is restored to make

                     an appropriate representation to get the same redressed, for

                     which an appropriate representation shall be made within a

                     period of four weeks from today and on filing of such

                     representation, the opposite party, who is required to adjudicate

                     the claim, would address the same and reasoned and speaking

                     order shall be passed and communicated to the petitioners and

                     if the petitioners grievance are found be justified, then the

                     benefits to that extent shall also be extended within the same

                     time.

                                  4. Accordingly, the contempt petition stands disposed

                     of.



                                                   (Ajit Kumar, J)
sharun/-

U


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