Sanjay Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15947 of 2018 ====================================================== Sanjay Yadav Son of Haridwar Yadav, Resident of Village- Chhawani, Ward No.-5, P.O. and P.S.- Bettiah, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Bettiah, West Champaran. 3.

The Executive Officer, Bettiah Municipality, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Respondent/s :

Mr.Summan Priyadarshi, AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-06-2020 Heard learned counsel for the parties.

The petitioner has filed the present writ petition for directing the respondents to pay pension with effect from 1.7.2017 and to pay differential amount of arrears of salary on account of 5th and 6th pay revision and to pay all retiral benefits under different heading along with calculation chart which has not yet been paid, such as leave encashment etc. The petitioner superannuated on 31.10.2017.

Learned counsel appearing on behalf of the Nagar Parishad submits that the grievance with regard to payment of arrears under the 5th and 6th PRC, gratuity and leave encashment has been redressed by the Nagar Parishad. So far as the claim of the petitioner for pension is concerned, he submits that the

Patna High Court CWJC No.15947 of 2018(2) dt.08-06-2020 2/2 matter is still inconclusive.

Considering the aforesaid ,the writ petition is disposed of with direction to Nagar Parishad to take appropriate decision with regard to payment of pension of the petitioner at the earliest preferably within a maximum period of 60 days from the date of receipt/production of a copy of this order. They are also required to ensure payment of the pensionary benefits within a further period of one month.

It is made clear that if there is any delay on the part of the respondents in making payment, the entire arrears shall carry interest at the rate of 9% from the date of filing of the writ petition i.e. 9.8.2018 till the date of actual payment. (Anil Kumar Upadhyay, J) spandey/- U