Ramjee Singh v. The Patna Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14849 of 2014 ====================================================== Ramjee Singh Son of Late Sukhdeo Singh resident of North of D.V.C. Colony, Pahalwanjee Gali, Police Station Gardanibagh, District - Patna ... ... Petitioner/s

Versus

1.

The Patna Municipal Corporation through Municipal Commissioner, Patna Municipal Corporation, Mauryalok, Police Station Kotwali, Patna 2.

The Municipal Commissioner, Patna Municipal Corporation, through Municipal Commissioner, Maurya Lok. P.S. Kotwali Dist. Patna 3.

The Additional Municipal Commissioner, Patna Municipal Corporation, Mauryalok, Police Station Kotwali, Patna 4.

The Executive Officer, Bankipur Circle, Patna Municipal Corporation, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupak Kumar For the Respondent/s :

Mr.Sanjay Prakash Vearma ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-10-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Mr. Rupak Kumar counsel appearing for the petitioner submits that the petitioner has retired on 31.01.2019. In view of this event subsequent to filing of the writ petition, he submits that only issue now remains, is grant of additional pay in view of provision contained in rule 103 of the Bihar Service Code.

Claim of the petitioner as submitted by counsel for the petitioner is an issue which is required to be considered by the respondents-authorities having regard to the number of days or

Patna High Court CWJC No.14849 of 2014(4) dt.22-10-2019 2/2 the period for which petitioner had performed duty on the higher post.

In the circumstance, instant proceeding does not require any adjudication.

Writ petition is therefore, disposed of with direction to the respondent no.2 (Municipal Commissioner, Patna) to take decision on the claim of the petitioner and grant dues admissible in accordance with law as it is petitioner's submission that he has performed duty of higher post of Tax collector. Municipal Commissioner may call the petitioner to produce requisite document(s) in support of his claim. Petitioner would also be under obligation to cooperate so that claim may be examined in accordance with law. Before passing the order, Municipal Commissioner shall also examine the documents available in the Corporation for considering admissible dues of the petitioner.

Writ petition is disposed of.

(Madhuresh Prasad, J) s.hassan/- U