Parwati Devi v. Patna Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13992 of 2015 ====================================================== Parwati Devi W/o Late Shankar Ram S/o Late Sunder Ram R/o Yarpur Ambedkar Colony P.S.- Gardnibagh District- Patna ... ... Petitioner/s

Versus

1. Patna Municipal Corporation through its Mayor, Budh Marg, Patna

2. Municipal Commissioner, Patna Municipal Corporation, Budh Marg, Patna

3. Chief Accounts Officer, Patna Municipal Corporation, Budh Marg, Patna

4. Executive Officer Nutan Rajdhani Anchal Patna Municipal Corporation 10 Harding Road Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the PMC :

Mr. Sanjay Prakash Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 21-12-2022

1. No one appears for the petitioner.

2. The name of Mr. Sanjay Prakash Verma, Advocate be shown in the cause list as learned counsel for the Patna Municipal Corporation.

3. The petitioner by way of this writ petition has prayed as under:

"That this is an application for issuance of an appropriate writ, order or direction particularly in the nature of writ mandamus directing the respondents to pay the entire retiral dues including the arrears of salary as per the benefits of the 6th pay revision recommendation to the husband of the petitioner w.e.f. 1.1.1996 as has been granted to the other employee of the corporation. The husband of the petitioner was a sanitary worker in Nutan Rajdhani Anchal, Patna Municipal Corporation and has died on 04-12-2004 in harness.

Patna High Court CWJC No.13992 of 2015(2) dt.21-12-2022 2/2 To direct the respondents to pay differences of arrears of salary in revised pay scale from 01-01-1996 to 31-10-2004 in the new scale as per implementation of 6th pay revision w.e.f. 01-011996. To direct the respondents to grant interest at the rate of 8% per annum for delayed payment.

To direct the respondents to furnish statement of account to the writ petitioner."

4. A counter affidavit has been filed and it is stated that the retirement benefits of the deceased husband of the petitioner has been released on 31.03.2006. Insurance amount of Rs.50000/- has also been paid. The dearness allowance for the period from 01.07.1993 to 31.10.2004 and arrears of difference of salary has been paid through RTGS on 05.07.2017.

5. Having noticed above, this Court finds that there is a gross delay in release of the amount. Interest at the rate of 8% per annum shall be calculated from the date the amount was due up to the date of payment and shall be released in favour of the petitioner, who is wife of the deceased, within a period of three months henceforth.

6. The writ petition is allowed accordingly (Sanjeev Prakash Sharma, J) pravinkumar/- Item no. 41 U