Sheodhyan Sharma, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5751 of 2022 ====================================================== Sheodhyan Sharma, Son of Ram Lakhan Singh, Resident of Village and P.O. - Arap, P.S. - Bikram, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Secretary, Urban Development Department, Bihar, Patna.

2.

The Commissioner Cum Chief Executive Officer, Mouryalok Complex, Patna Nagar Nigam Karyalaya Patna - 800001.

3.

The Executive Officer, Bankipur Anchal, Rajendra Nagar, Patna. 4.

The Account Officer, Patna Nagar Nigam, Patna. 5.

The Health Officer, Patna Nagar Nigam, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate.

For the Respondent/s :

Mr. Ranjay Kr. Singh, AC to SC-6.

For the PMC :

Mr. Ranjeet Kumar Pandey, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-11-2022 Heard Mr. Arvind Kumar Singh, learned counsel for the petitioner, Mr. Ranjeet Kumar Pandey, learned counsel for the Patna, Municipal Corporation and Mr. Ranjay Kr. Singh, learned AC to SC-6 for the State.

The petitioner, who was retired from the post of Pump Khalashi from the office of Bankipur Circle, Patna Municipal Corporation on 31.05.2010 has approached before this court for payment of his retiral benefits/outstanding dues. In compliance of the order of this court dated 20.10.2022, a counter affidavit has been filed on behalf of the Patna Municipal Corporation.

Patna High Court CWJC No.5751 of 2022(4) dt.24-11-2022 2/3 Mr. Pandey by referring to the averments made in the counter affidavit submits that after the retirement of the petitioner, he has already been paid the amount of gratuity, earned leave, dearness allowance and provident fund in the year 2010 and 2014 respectively. It is further contended that so far the arrears of salary on account of 5th pay revision and the arrears of difference of dearness allowance are concerned, the same has also stood paid to the petitioner. It is next submitted that the arrears of pension and dearness allowance on account of 7th pay revision arrears of salary, dearness allowance and pension on account of 6th pay revision and ACP have also been paid to the petitioner lastly on 12.11.

2022, a calculation chart showing payment under the different head has also been brought on record by way of annexure "C" to the counter affidavit. At this juncture, learned counsel for the petitioner submits that though, the petitioner superannuated way back in the year, 2012, however, the full and final settlement has been made after a decade and as such he should be awarded interest over the delayed period.

Having consider the submissions made on behalf of the parties and considering the materials available on record especially the averments made in the counter affidavit, the

Patna High Court CWJC No.5751 of 2022(4) dt.24-11-2022 3/3 present writ application stands disposed of. If the petitioner has any other grievance, he would be at liberty to avail the remedy available under the law.

Accordingly, the present writ application stands disposed of.

(Harish Kumar, J) shakir/- U