Rajendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6021 of 2025 ====================================================== Rajendra Ram S/o Sunder Ram, Ward No. 09, P.O. and P.S.-Dharampur, District-Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary cum Commissioner, Urban Development and Housing Department, Government of Bihar, Patna. 2.
The Municipal Commissioner, Samastipur Municipal Corporation, Samastipur.
3.
The Standing Committee through the Chairman, Municipal Corporation, Samastipur.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Jha For the Corporation :
Mr. Prince Kumar Mishra, Adv.
` :
Mr. Priyanka Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner as well as learned counsel representing the Corporation as well as the State.
2.The petitioner has filed this writ petition with the following reliefs;
"(i) For issuance of a writ in the nature of writ of mandamus directing and commanding the respondents authorities to make payment of all retiral benefits of the petitioner payable to him under different heads like as provident fund, gratuity, leave encashment, GIC etc. after fixing the pay and pension accordingly in the light of revised fifth and sixth pay scale including the arrears amount of revised salary and pension with interest and calculation chart as the petitioner has been ordered to be retired with effect from 31/07/2011, as an Sweeper, from the service of Nagar Parishad Samastipur at Present Municipal
Patna High Court CWJC No.6021 of 2025(2) dt.26-09-2025 2/3 Corporation, Samastipur.
(ii) For issuance of any other consequential writ/order/direction to the respondents for which the petitioner is found to be entitled to under the facts and circumstances of the case."
3. Learned counsel representing the Corporation submits that the records are missing and, therefore, pensionary benefits have not been released in favour of this petitioner and the final order has not been passed.
4. At this stage, learned counsel for the petitioner relied on such orders passed by a co-ordinate Bench of this Court, wherein similar stand was taken and the Court was pleased to pass order directing the respondents to pay the retiral dues at the rate of 9% per annum from the date of retirement till the date of actual payment. He further submits that this writ petition may also be disposed of in light of the aforesaid orders.
5. Learned counsel for the respondents-Corporation submits that he would examine the case of the petitioner along with the orders of C.W.J.C. No.10632 of 2019 as well as C.W.J.C. No. 10633 of 2019 passed in the case of Ram Sevak Paswan and Lalan Prasad Singh, respectively, and if his case is found similar to that of those writ petitioners, necessary order shall be passed within a period of eight weeks from the date of
Patna High Court CWJC No.6021 of 2025(2) dt.26-09-2025 3/3 submission of a representation with a copy of this order.
6. Accordingly, this writ petition is disposed of. (Ajit Kumar, J) brajesh/- U