Chandra Deo Prasad And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5003 of 2019 ====================================================== 1.

Chandra Deo Prasad, Gender-Male, aged about-65 years, S/o Late Sarvi Singh Resident of Mohalla- Shivajee Nagar, Makhdumpur, P.O.- Digha Ghat, P.S.- Digha, District- Patna 2.

Akshay Lal (Gender-Male), aged about 69 years, S/o Late Kailash Mahto Resident of Village- Majhauli, P.O.- Andah, Via- Neura, P.S.- Phulwari, District- Patna 3.

Bhawani Mahto (Gender-Male), aged about 67 years S/o Late Budhan Mahto Resident of Ward No.-3, Daudnagar, P.O. and P.S.- Sahpur, DistrictPatna 4.

Deo Kumar (Gender-Male), aged about 64 years, S/o Late Sarvjeet Lal Resident of Village and P.O. and P.S.- Sahpur, District- Patna 5.

Chandeshwar Paswan (Gender-Male), aged about 63 years, S/o Late Bindeshwari Paswan Resident of Village- Kasopur, P.O.- Akbarpur, P.S.- Paliganj, District- Patna 6.

Siya Saran Paswan (Gender-Male), aged about 64 years, S/o Late Dukhi Paswan Resident of Sweeper Colony, Takiyapur, P.O.- Digha, P.S.- Danapur, District- Patna 7.

Nanhu Yadav (Gender-male), aged about 64 years, S/o Late Jangi Yadav Resident of Village- Nirakhpur, P.O.- Sidipur, P.S.- Khidimore, DistrictPatna 8.

Panwa Devi (Gender-Female), aged about 69 years, W/o Late Krishna Ram Resident of Village- Harijan Colony, Behind of Alpana Cinema, P.O.- Digha Ghat, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna 3.

The Director-cum-Dy. Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna 4.

The Joint Secretary, Urban Development and Housing Department, Govt. of Bihar, Patna 5.

Nagar Parishad, Danapur Nizamat, Danapur, Patna, represented through its Municipal Executive Officer, Nagar Parishad, Danapur Nizamat, Danapur, Patna 6.

The Municipal Executive Officer, Nagar Parishad, Danapur Nizamat, Danapur, Patna 7.

The Municipal Chairperson, Nagar Parishad, Danapur Nizamat, Danapur, Patna 8.

The Empowered Standing Committee, Nagar Parishad, Danapur Nizamat, Danapur, Patna

Patna High Court CWJC No.5003 of 2019(2) dt.14-03-2019 2/3 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shri Prakash Srivastava, Advocate :

Mr. Santosh Bharti, Advocate :

Miss Anu Priyadarshni For the Respondent no.6 :

Mr.Ajat Shatru, Advocate for the State of Bihar :

Mr. Arun Kumar, AC to GP-1.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-03-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of Nagar Parishad, Danapur, Patna. Learned counsel for the petitioners submits that they have not received the retiral benefit in the light of the Government Decision and Recommendation of the 4th and 5th Pay Recommendation Committee and hence the difference of retiral benefits on account of such revision which has been granted to the other employees of the Nagar Parishad, Danapur, has not been given to them. He submits that in similar matter, this Court in CWJC No.15187 of 2015 dated 31.01.2018 and CWJC No.11788 of 2018 dated 10.12.2018, had directed the Parishad to pay the dues as other employees were getting such benefits which is enclosed as Annexures-P/3 and P/4 of the writ application.

Considering the nature of claim made by the petitioners, this writ application is disposed of with a direction to the authorities of the Nagar Parishad to clear the dues of the

Patna High Court CWJC No.5003 of 2019(2) dt.14-03-2019 3/3 petitioners as is being calculated in the case of other employees and make payment of the same within a period of five months from the date of receipt/production of the copy of this order. Writ application is disposed of accordingly. (Nilu Agrawal, J) B.Kr./- U