Naresh Kumar, vs The State of Bihar,
- Court
- Patna High Court
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14469 of 2021
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Naresh Kumar, Son of Jagdish Parihar, Resident of Village - Parsa, P.O. -
Rampatti, P.S. - Town, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar, through Principal Secretary, Panchayati Raj Department,
Bihar, Patna.
2. The Zila Parishad, Darbhanga through its Chairman.
3. The Chief Executive Officer - Cum - D.D.C., Zila Parishad, District -
Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate
Mrs. Srishti Kumari, Advocate
For the State : Mr. Saurav Kumar, AC to GA- 5
For the Zila Parishad : Mr. Vivek Prasad, Advocate
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 03-09-2026
Heard learned Advocate for the petitioner and the
learned Advocate for the State. Mr. Vivek Prasad, learned
Advocate appears for Zila Parishad, Darbhanga.
2. Invoking the jurisdiction of this Court, the
petitioner seeks quashing of Memo No.232 dated 19.11.2018
issued by the Chief Executive Officer-cum-Deputy
Development Commissioner, Zila Parishad, Darbhanga whereby
a direction has been given to recover an amount of
Rs.7,72,397/- from the petitioner.
3. The facts of the case, which led to filing of the
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present writ petition lie in narrow compass. The petitioner on
attaining the age of superannuation, retired from the post of
Assistant Engineer on 31.01.2016 from the Zila Parishad,
Darbhanga. As he was deprived from the retiral benefits,
approached this Court in C.W.J.C. No. 18654 of 2018 for
payment of retiral benefits and other outstanding dues. The
aforesaid writ petition came to be disposed of considering the
statements made in the counter affidavit, however, liberty was
extended to the petitioner that if he has still any grievance, he
may file a representation before the competent authority, who
shall consider the representation of the petitioner.
4. It is specifically contended by the learned
Advocate for the petitioner that despite the fact, the petitioner
was entitled to get the benefit of ACP and was even extended to
him, but subsequently after superannuation, the same was
recovered from his post retiral benefits, in a most arbitrary
manner.
5. A counter affidavit has been filed on behalf of
respondent no.3 and, in sum and substance, it is submitted that
in no circumstances the employees of the Zila Parishad is
entitled to get the benefit of ACP/MACP at par with the
employees of the State Government in absence of any rules,
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regulation applicable to them. The issue stood settled by the
learned Division Bench of this Court in L.P.A. No. 1505 of
2010. In the earlier round of litigation, this fact was also
cropped up and considering the settled position, no positive
direction was given by this Court and, moreover the impugned
order was also part of the counter affidavit.
6. A supplementary affidavit has been filed on
behalf of the petitioner, apprising this Court that vide Letter No.
1458 dated 09.02.2023 the Department of Panchayati Raj,
Government of Bihar resolved that in case the Zila Parishad is
in a position and capable to extend the benefit of ACP after
proper evaluation of its financial status, in such circumstances it
may extend the benefit of the same to its employees.
7. In the light of the aforesaid letter, issued by the
Panchayati Raj Department, now the Zila Parishad, Darbhanga
in its meeting dated 16.12.2019 has taken a conscious decision
to extend such benefit of ACP in favour of its employees. In the
light of the afore noted subsequent development, especially the
conscious decision taken by the Zila Parishad, Darbhanga, the
petitioner has also filed a representation before the Chief
Executive Officer-cum-Deputy Development Commissioner,
Zila Parishad, Darbhanga on 24.11.2024, the copy of which is
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marked as Annexure-7 to the supplementary affidavit.
Notwithstanding the aforesaid fact and the representation has
been pending since 14.11.2024, till date no decision has been
taken.
8. Having considered the submissions advanced by
the learned Advocate for the respective parties, this Court finds
that the petitioner has made out a case for fresh consideration at
the level of respondent no.3.
9. In view thereof, this Court directs the respondent
no.3 to consider the representation of the petitioner dated
14.11.2024 in the light of the afore noted deliberation and the
facts, especially the letter issued by the Panchayati Raj
Department dated 09.02.2023 and the subsequent conscious
decision taken by the Zila Parishad, Darbhanga in its meeting
dated 16.12.2019 and, pass a reasoned and speaking order
preferably within a period of eight weeks from the date of
receipt/production of a copy of this order.
10. It would be worth noting here that if the Zila
Parishad, Darbhanga has already taken a conscious decision to
extend the benefit of ACP to its employees, in such
circumstances, the impugned order of recovery of ACP must be
recalled and the petitioner should be paid the consequential
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benefits in accordance with law, if there is no legal or
administrative impediment, otherwise.
11. It is also made clear that this Court has not
made any observation with regard to the excess amount paid to
the petitioner to the tune of Rs. 20,195/- under the head of
gratuity.
12. With the aforesaid direction and observation,
the writ petition stands disposed of.
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.09.2026
Transmission Date NA