IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1452 of 2022 ======================================================

Uday Shankar Prasad Singh Son of Ram Dharikshan Singh, resident of Village and P.O.- Baghakhal, District - Muzaffarpur, presently residing at New Colony, Balughat, Road no. 3, Muzaffarpur, the retired Junior Engineer, Muzaffarpur Municipal Corporation, Muzaffarpur. ... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

3. The Municipal Commissioner, Muzaffarpur Municipal Corporation, Muzaffarpur.

4. The Executive Engineer, Muzaffarpur Municipal Corporation, Muzaffarpur. 5. The Assistant Engineer, Muzaffarpur Municipal Corporation, Muzaffarpur.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the State : Mr. Subhash Pd. Singh, GA-3 : Mr. Indeshwari Prasad, AC to GA-3 For the Res No.3 : Mr. Awadhesh Kumar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 16-02-2026 Heard the parties.

2. The present writ petition has been filed for the following reliefs:-

(I) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities and particularly the Respondent no.3 to pay the contractual amount of Rs.3,08,886/- for installation of the Pipe from the office of Animal Husbandry to the Road of Bibiganj which was done departmentally for which the petitioner had already submitted the bill and after deduction of necessary deduction the bill of Rs.3,08,886/-was sanctioned and passed by all the Authorities in the year 2017 but the said amount of bill was not paid to the petitioner rather the advance amount of Rs.2,00,000/- taken by the petitioner for execution of the said work was illegally adjusted/deducted from the retiral dues of the issued petitioner vide memo no.556 dated 31.03.2018 under the signature of the Respondent no.3.

(II) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities for payment of the aforesaid amount of the contractual work to the petitioner with interest as on the ground that the Respondents had arbitrarily deducted the amount of advance of the said contractual work from the retiral dues of the petitioner as also the delay caused in payment of the said amount to the petitioner is directly attributable to the Respondents alone.

3. The brief facts giving rise to the present writ petition is that the petitioner was appointed as a Junior Engineer in the Muzaffarpur Municipal Corporation vide office order no.

519 dated 12.04.1984 and pursuant thereto, he gave his joining before the competent authority. In the year, 2016, a proposal was made by the Corporation for installation of the Pipe Line from the office of Animal Husbandry to Bibiganj Road and a decision was taken for doing the said work at the departmental level, for an estimated cost of Rs. 9,99,800/-. The petitioner was appointed as the Executing Agent and as per the assertion made by the petitioner, he completed the work as per specification and the said work was entered in the measurement book, which was duly verified by the Assistant Engineer and the Executive Engineer of the Muzaffarpur Municipal Corporation.

4. It is further case of the petitioner that for completion of the said work, an advance to the tune of Rs. 2,00,000/- was given to the petitioner on 10.08.2016 and after completion of the work, the petitioner prepared a bill of Rs. 3,39,436/-, from which necessary deduction towards Income Tax to the tune of Rs. 30,550/- was made and after deduction, an amount of Rs. 3,08,886/- was to be paid to the petitioner. The Assistant Engineer, Muzaffarpur Municipal Corporation recommended for payment of the sai