Kedar Lal Choudhary v. Patna Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13107 of 2013 ===========================================================

1. Kedar Lal Choudhary S/O Late Tufani Choudhary Resident Of Mohalla- Samta Path New Bus Stand Road, Near Chanakya Law University, P.O- G.P.O., P.SJakkanpur, District- Patna. .... .... Petitioner/s

Versus

1. Patna Municipal Corporation , Patna Budh Marg, Patna-1

2. The Municipal Commissiner, Patna Municipal Corporation Budha Marg, Patna-1

3. The Additional Municipal Commissioner Patna Municipal Corporation, Patna.

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

For the Petitioner/s : Mr. Vijay Kumar Singh, For the Corporation : Mr. Rajeev Kumar Pandey, =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 27-10-2016 Heard learned counsel for the petitioner and learned counsel for the Patna Municipal Corporation.

Admittedly petitioner is a retired employee and has been paid retiral dues but has not been given the benefit of revision of pay in terms of Pay Anomaly Committee from the period from 1.2.2007 10 18.11.2010 on the ground of paucity of fund.

Petitioner in paragraph 10 of the writ petition has stated one Gauri Shankar Prasad has been granted benefit by the order of this Court passed in C.W.J.C. No.14285 of 2012. Learned counsel for the Corporation submits that as and

Patna High Court CWJC No.13107 of 2013 dt.27-10-2016 when the fund would be available the payment will be made to the petitioner and others but the fact remain that how long it takes time, the Corporation does not reply.

In the ends of justice as petitioner has annexed the order passed in C.W.J.C. No.14285 of 2012 relating to identical matter and the Court has given the direction for grant of benefit then the petitioner should also be given the same benefit. For convenience, petitioner is directed to file a detailed representation before the competent authority who will examine the case of the petitioner and pass a reasoned order in accordance with law within a period of six months from the date of filing of the representation. If the petitioner is found entitled for the same, the competent authority will pay difference of salary for the period from 1.2.2007 to 18.11.2010 on the basis of recommendation of Pay Anomaly Committee.

With the aforesaid observation and direction this writ petition is disposed of.

Vinay/- (Shivaji Pandey, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 29.10.2016 Transmission Date NA