Patna High Court
Subodh Devi vs The State Of Bihar on 9 May, 2025
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14691 of 2023
======================================================
Suresh Ram @ Suresh Mehtar S/O Aklu Mehtar Resident of Ward No. 02,
P.O.and P.S.- Ramchandarpur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary cum Commissioner,
Urban Development and Housing Department, Government of Bihar, Patna.
2. The Municipal Commissioner, Samastipur Municipal Corporation,
Samastipur.
3. The Standing Committee through the Chairman, Municipal Corporation,
Samastipur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14233 of 2023
======================================================
Darogi Malik S/o Ghuran Malik, Resident of Ward No. 08, Lagunia Suraj
Kanth, P.O. and P.S.- Lagunia Suraj Kanth, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner,
Urban Development and Housing Department, Government of Bihar, Patna.
2. The Municipal Commissioner, Samastipur Municipal Corporation,
Samastipur.
3. The Standing Committee, through the Chairman, Municipal Corporation,
Samastipur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14690 of 2023
======================================================
Kaushalya Devi H/O Jawahar Ram, Resident of Masjid, Kashipur, Ward No.
07, P.O. and P.S. - Samastipur, District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner,
Urban Development and Housing Department, Government of Bihar, Patna.
2. The Municipal Commissioner, Samastipur Municipal Corporation,
Samastipur.
3. The Standing Committee through the Chairman, Municipal Corporation,
Samastipur.
Patna High Court CWJC No.14691 of 2023 dt.09-05-2025
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... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 1455 of 2024
======================================================
Ranju Devi W/o Sanjay Malick, Resident of Ward No. 08, P.O. and P.S.-
Lagunia Suraj Kanth, District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner,
Urban Development and Housing Department, Government of Bihar, Patna.
2. The Municipal Commissioner, Samastipur Municipal Corporation,
Samastipur.
3. The Standing Committee through the Chairman, Municipal Corporation,
Samastipur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 4767 of 2024
======================================================
Subodh Devi W/o Bhupendra Chadhari, Ward No. 14, P.O. and P.S. -
Kashipur, District- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary cum Commissioner,
Urban Development and Housing Department, Government of Bihar, Patna.
2. The Municipal Commissioner, Samastipur Municipal Corporation,
Samastipur.
3. The Standing Committee through the Chairman, Municipal Corporation,
Samastipur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 4803 of 2024
======================================================
Nirbhay Kant Kumar S/o Hemkar Kumar Raghopur Narsanda, Vaishali
Kumar Bajitpur District-Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Cum Commissioner,
Urban Development and Housing Department, Government of Bihar, Patna.
2. The Municipal Commissioner, Samastipur Municipal Corporation,
Samastipur.
Patna High Court CWJC No.14691 of 2023 dt.09-05-2025
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3. The Standing Committee through the Chairman, Municipal Corporation
Samastipur.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 4064 of 2025
======================================================
Shanti Devi W/o Suresh Ram Ward No.7,P.O. and P.S.- Kashipur, District-
Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Cum Commisioner,
Urban Development and Housing Department, Government of Bihar, Patna.
2. The Municipal Commissioner, Samastipur Municipal Corporation,
Samastipur.
3. The Standing Committee through the Chairman, Municipal Corporation,
Samastipur.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 14691 of 2023)
For the Petitioner/s : Mr. Vikash Kumar Jha, Adv.
For the State : Mr. Ranjay Kumar Singh, AC to SC 6
For the Municipal Corporation : Mr. Prince Kumar Mishra, Adv.
(In Civil Writ Jurisdiction Case No. 14233 of 2023)
For the Petitioner/s : Mr. Vikash Kumar Jha, Adv.
For the State : Mr. Ashutosh Kr. Upadhyay, AC to SC 9
For the Municipal Corporation : Mr. Prince Kumar Mishra, Adv.
(In Civil Writ Jurisdiction Case No. 14690 of 2023)
For the Petitioner/s : Mr. Vikash Kumar Jha, Adv.
For the State : Mr. Yogendra Pd. Sinha, AAG 7
For the Municipal Corporation : Mr. Prince Kumar Mishra, Adv.
Mr. Ashok Kumar, Adv.
(In Civil Writ Jurisdiction Case No. 1455 of 2024)
For the Petitioner/s : Mr. Vikash Kumar Jha, Adv.
For the State : Mr. Mujtabaul Haque, GP 12
For the Municipal Corporation : Mr. Prince Kumar Mishra, Adv.
(In Civil Writ Jurisdiction Case No. 4767 of 2024)
For the Petitioner/s : Mr. Vikash Kumar Jha, Adv.
For the State : Mr. Ravi Kumar, AC to GP 13
Mr. Akshay Lal Prasad, AC to GP 13
For the Municipal Corporation : Mr. Prince Kumar Mishra, Adv.
(In Civil Writ Jurisdiction Case No. 4803 of 2024)
For the Petitioner/s : Mr. Vikash Kumar Jha, Adv.
For the State : Mr. Mujtabaul Haque, GP 12
For the Municipal Corporation : Mr. Prince Kumar Mishra, Adv.
Patna High Court CWJC No.14691 of 2023 dt.09-05-2025
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(In Civil Writ Jurisdiction Case No. 4064 of 2025)
For the Petitioner/s : Mr. Vikash Kumar Jha, Adv.
For the State : Mr. Manoj Kumar, AC to GP 4
For the Municipal Corporation : Mr. Prince Kumar Mishra, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 09-05-2025
Heard the parties.
2. Considering the identical grievance raised in all the
writ petitions, with the consent of the parties, the matters are
being heard together and disposed off by this common order.
3. The petitioners before this Court are either Class
IV employees or their legal heirs, who have invoked the
jurisdiction of this Court seeking a direction upon the
respondent Nagar Parishad, Samastipur (at present Municipal
Corporation, Samastipur) for extending the admissible retiral
benefits/death-cum-retiral benefits/other dues, after proper
verification of their service record. The grievance are also with
regard to the non payment of arrears of difference of amount in
terms of revised 5th and 6th Pay Revision.
4. Counter affidavits as well as supplementary
counter affidavits have been filed in many of the case with
categorical averments that on verification of available records
and the papers, the substantive amounts have been paid to some
of the employees and in fact some of the cases, it is stated that
Patna High Court CWJC No.14691 of 2023 dt.09-05-2025
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the entire substantive amounts have been paid. However,
learned Advocate for the Municipal Corporation, Samastipur,
Mr. Prince Kumar Mishra fairly submitted that in cases of some
of the petitioners, the service books are not available in the
office of the Municipal Corporation, Samastipur, hence the due
payments have been made based upon the available documents
or the documents produced by the erstwhile employee.
5. Learned Advocate for the petitioners at this
juncture submitted that it is very difficult to accept the
contention of the learned Advocate for the Municipal
Corporation, Samastipur, as to how the calculation of retiral
benefits have been computed in absence of service book of the
petitioners and payments have been made. It has not been
denied that the petitioners have discharged the satisfactory
services in the Municipal Corporation, Samastipur. The
petitioners/erstwhile employees after rendering long satisfactory
services came to be superannuated and thus in any view of the
matter they are entitled to get at least the admissible retiral
benefits, death-cum-retiral benefits and other dues. It is lastly
contended that in one of the matter (Dashrath Ram), who also
came to be superannuated like the petitioners, approached this
Court in CWJC No. 15331 of 2023, wherein this Court had
Patna High Court CWJC No.14691 of 2023 dt.09-05-2025
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directed the Municipal Commissioner, Samastipur to take all
endeavours to ensure the recasting of the service book of the
petitioner and after receipt of the guidelines by the State
Government, make necessary payment of all the admissible
dues, on the basis of the newly reconstructed service book.
6. Learned Advocate for the Municipal Corporation,
Samastipur Mr. Prince Kumar Mishra has further contended that
with respect to some of the petitioners the service books are still
available in the office, based upon which the payments have
been made.
7. Considering the submissions advanced on behalf of
the respective parties, this Court deems it proper to dispose off
all the writ petitions with a direction to the Municipal
Commissioner, Samastipur to consider the claim of the
petitioners afresh and ensure admissible retiral benefits and
other dues. It is made clear that with respect to the petitioners
whose service books are available in the office, in such cases,
the respondents are required to re-examine their claims and pass
fresh orders considering the admissibility and the respective
payment, and if any amount is found admissible, ensure the
payment of the same. So far the cases, relating to some of the
petitioners, whose service books are not available,
Patna High Court CWJC No.14691 of 2023 dt.09-05-2025
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the authorities shall take sincere endeavour to re-cast/re-
construct the service book and ensure payment of admissible
dues.
8. The entire exercise must be completed, preferably
within a period of 12 weeks from the date of receipt/production
of a copy of this order.
9. The writ petitions stand disposed of.
(Harish Kumar, J)
Anjani/-
AFR/NAFR CAV DATE Uploading Date 12.05.2025 Transmission Date