IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16642 of 2025 ======================================================

1. Union of India, through its Secretary, Ministry of Communication Department of Posts, New Delhi-110001.

2. The Director General, Department of Post, Dak Bhawan, Sansad Marg, New Delhi-110001.

3. The Chief Post Master General, Bihar Circle G.P.O. Complex, Patna-

800001.

4. The Post Master General, East Region Bhagalpur at Patna 800001.

5. The Director of Accounts (Postal), Patna- 800001.

6. Superintendent of Post Offices, Samastipur Division, Samastipur- 848101.

... ... Petitioner/s Versus Nand Kishore Singh Son of Late Mahabir Singh Retd. T.S. Casual Labour, (Generator Operator) at Samastipur Head Post Office in Samastipur Postal Division, Resident of Village- Malpur, P.O.- Morsand, Via- Dighra, District-

Samastipur, 848115. ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr.Maurya Vijay Chandra, Sr. C.G.C.

Mr. Ram Tujabh Singh, CGC For the Respondent/s : Mr.

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

3 10-02-2026 The present writ petition has been filed challenging the order dated 02.07.2024 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (‘learned CAT’) in O.A. No. 050/00372/2021, whereby and whereunder the petitioners herein have been directed to settle the pension and other retiral benefits and pay the arrears within a period of three months to the sole respondent with interest at the rate of 8% per annum from the date of entitlement, failing which the interest shall be paid at the rate of 9% per annum from the date of entitlement till final payment.

2. The learned counsel for the petitioners submits that the learned CAT while passing the aforesaid order dated 02.07.2024 has referred to the case of Bhikhani Devi. In the said case, a coordinate Bench of this Court vide order dated 14.10.2019, passed in CWJC No. 15420 of 2019 (The Union of India & others vs. Bhikhani Devi) had allowed the writ petition filed by the Union of India, however the said judgment dated 14.10.2019 is under challenge before the Hon’ble Apex Court in SLP(C) No. 28802-28804 of 2019 (Bhikhani Devi & etc. vs. Union of India & Ors.), wherein the Hon’ble Apex Court has been pleased to issue notice and subsequently by an order dated 14.11.2025, the further proceedings in the contempt petitions have been stayed.

3. The learned counsel for the petitioners further points out that the learned CAT while passing the impugned order dated 02.07.2024 has also relied upon an order dated 21.02.2022 passed by the learned CAT, Patna Bench, Patna in O.A. No. 145 of 2019 (Shiv Chandra Sah vs. The Union of India & Ors.), as upheld by an order dated 22.08.2024, passed by a coordinate Bench of this Court in CWJC No. 4115 of 2023. The said order dated 22.08.2024, passed by a coordinate Bench of this Court in the case of Shiv Chandra Sah (supra) is stated to have been challenged by the petitioners before the Hon’ble Apex Court in SLP(C) No. 021594 of 2025, which according to the learned counsel for the petitioners has been tagged to the case of Bhikhani Devi (supra) and etc., pending before the Hon’ble Apex Court. Thus, it is the submission of the learned counsel for the petitioners that the present case be also tagged with the case of Union of India & others vs. Gulavi Devi (CWJC No. 2899 of 2021) and in the meantime the contempt proceedings pending before the learned CAT be stayed.

4. Having regard to the facts and circumstances of the present case, we deem it fit and proper to issue notice to the sole respondent, for which requisites under ordinary process and speed post be filed within two weeks from today, failing which this application shall stand dismissed without further reference to the Bench.

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