Letters Patent Appeal No.590 of 2007 Against the judgment dated 03.05.2007 passed in C.W.J.C. No. 11320 of 2002 by learned Single Judge. 1. RAMA KANT SINGH, son of Sri Jag Narayan Singh, resident of village – Ekil, P.S. – Nawanagar, District – Buxar, at present posted as Account Clerk, Sone Command Area Development Agency, Khagaul, Patna. 2. Deepak Kumar Shrivastava, son of late Ganesh Prasad, resident of 28 Hanuman Nagar, New Punaichak, P.S. – L.B. Shastrinagar, District – Patna at present posted as Account Clerk, Sone Command Area Development Agency, Sone Bhawan, Patna. -----------Petitioners-Appellants Versus 1. The State of Bihar, through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Secretary, Agriculture (Special Programme) Department, Government of Bihar, New Secretariat, Vikas Bhawan, Patna. 3. The Development Commissioner, Government of Bihar, Old Secretariat, Patna. 4. The Finance Commissioner, Government of Bihar, Old Secretariat, Patna. 5. The Area Development Commissioner-cum-Chairman, Sone Command Area Development Agency, Sone Bhawan, Daroga Prasad Rai Path, Patna. 6. The Secretary, Sone Command Area Development Agency, Sone Bhawan, Daroga Prasad Rai Path, Patna. ------------Respondents-Respondents WITH LPA No.606 of 2007 1. Gandak Abhikaran Karmchari Sangh, Combined Building, Upper Floor, Muzaffarpur through its present Chairman/President Sri Rajeshwar Narain Singh Son of Sri Sheo Shankar Singh, Resident of Mohalla Gopalpur, P.S. + P.O. Motihari, District East Champaran. ------------Petitioner No. 2-Appellant Versus 1. The State of Bihar through the Secretary, Department of Agriculture, Government of Bihar, Patna. 2. Secretary, Department of Agriculture, Government of Bihar, Patna. 3. Secretary (Special Programme), Department of Agriculture, Government of Bihar, Patna. 4. The Regional Area Development Commissioner-Cum-Chairman, Gandak Command Area Development Agency, Muzaffarpur. -------------Respondents-Respondents 5. Gandak Abhikaran Abhiyanta Sangh, Upper Floor, Muzaffarpur through its Chairman, Sanjay Kumar Singh, Son of Late Praduman Prasad Singh, Resident Sanjay Sadan, At P.O & P.S. Araria, District Araria. -------------Petitioner No. 1-Respondent WITH LPA No. 481 of 2006 2 1. Sone Command Area Development Agency, Patna through its Commissioner-cum-Chairman, Sone Bhawan, VIth Floor, Birchand Patel Path, Patna. 2. Secretary, Sone Command Area Development Agency, Sone Bhawan, Birchand Patel Marg, Patna. ------------Appellants/Respondents Versus 1. Gokul Prasad Deo Son of Late Biran Prasad Deo, R/O Village + P.O. Mahadeopur, P.S. Anarpur, District Banka. ------------Respondent/Petitioner 2. The State of Bihar, Department of Agriculture through Commissioner- cum-Secretary, Government of Bihar, Patna. ------------Respondent/-----------Respondent 3. Secretary-cum-Commissioner, Water Resource Department, Government of Bihar, Patna. ------------Respondent/Petitioner -------------- Letters Patent Appeal No. 590 of 2007 For the Appellants : Mr. Rajendra Prasad Singh, Sr. Adv. Mr. Rakesh Kumar Singh, Adv. For the State : Mr. P.N. Shahi, AAG-XIV Mr. Ritesh Kumar, No.1, Adv. Letters Patent Appeal No. 606 of 2007 For the Appellants : Mr. K.P. Singh, Sr. Adv. Mr. R.R. Prasad, Adv. Letters Patent Appeal No. 481 of 2006 For the respondent : Ms. Pravina Kumari, Adv. * * * * * P R E S E N T THE HON'BLE JUSTICE SMT. T. MEENA KUMARI THE HON'BLE MR. JUSTICE AKHILESH CHANDRA * * * * * T. Meena Kumari & Akhilesh Chandra, JJ. Heard learned counsels representing both the parties. 2. The present letters Patent Appeal has been filed against the order passed by the learned Single Judge in C.W.J.C. No. 11320 of 2002 dated 03.05.2007. 3. The main grievance of the appellant is that no notice was issued before stopping the benefits extended 3 to the appellants as per fifth pay Revision Committee which was continuously extended for a period from 01.01.1996 to 31st December 2000, without issuing any notice, but however the learned Single Judge without considering the contentions raised by the learned counsel appearing on behalf of the appellant herein dismissed the writ petition i.e. C.W.J.C. No. 11320 of 2002 with a direction to make recovery from the salary of the appellant. 4. The learned senior counsel appearing on behalf of the appellants submitted that there was no prior notice for affecting withdrawing the benefits which was continuously extended from the year 1996 to 2000 and therefore action of the unofficial respondents is arbitrary, for the reasons that the above action of the respondents is in violation of principle of natural justice. 5. We see some force in the contention raised by the counsel for the appellant for the reasons that there is no material placed by the unofficial respondents to show that any prior notice have been issued before stoppage of such benefits which was extended from 1996 to 2000. Perhaps the only reason seems to be that there is dearth of funds in financing agencies, so their benefits have been stopped. 6. In view of the fact that the appellants have not been given prior notice for stopping the benefits which 4 was continuously extended to them from 1996 to 2000, we are of the opinion that it would suffice if a direction is issued to respondent nos. 2 and 4 to issue notices to all the appellants with regard to the cause of action within a period of eight weeks from the date of receipt of this order and the appellants herein must reply to the said show cause notice within a period of six weeks from the date of receipt of such notice and unofficial respondents no. 2 and 4 must take an appropriate decision within a period of eight weeks from the date of receipt of the reply to the said notice. 7. However, as there was a direction to make recovery from the salary of the appellants, this court directs respondent nos. 2 and 4 to pass appropriate order in this regard also in accordance with law after the appellants file their objection. 8. With the above observation, the order of the learned Single Judge is set aside to the above extent and this Letters Patent Appeal is accordingly disposed of. Patna High Court The 23rd June, 2011 Rajeev/N.A.F.R. ( T.Meena Kumari, J.) ( Akhilesh Chandra, J.)