Shanichar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7020 of 2022 ====================================================== Shanichar Raut, Son of Late Ghetan Raut, Resident of Betwan Bazar, Argara Road, Post - Munger, P.S. - Kotwali, District - Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna. 2.

The District Magistrate, Munger.

3.

The Chairman, Munger Municipal Corporation, Munger. 4.

The Municipal Commissioner, Munger Municipal Corporation, Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Jha, Adv.

For the Respondent/s :

Mr. Subhash Pd. Singh, GA-3 For the Municipal Corp. :

Mr. Karuna Nath Sahay, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-07-2025 Heard the parties.

2. The wife of the petitioner, who had been working as Safai Karmi in the Municipal Corporation, Munger died in harness on 07.06.2019; nonetheless, when the petitioner has not been extended the benefit of retirement-cum-terminal dues, he preferred the present writ petition for payment of admissible benefits as under:

"(i) Provident Fund amount deducted from the salary.

(ii) Difference of arrears of salary on account of 5th Pay Revision w.e.f. April 1997 to March 2007; (iii) Difference of arrears of salary on account of 6th Pay Revision w.e.f. April 2008 to March 2017;

Patna High Court CWJC No.7020 of 2022(5) dt.10-07-2025 2/3 (iv) Difference of arrears of salary on account of 7th Pay Revision w.e.f. April 2017 to till date of death i.e. 07.06.2019.

(v) A.C.P. benefit upto date is due before the respondent, which the petitioner is legally entitles to get the same."

3. Mr. Ajay Kumar Jha, learned Advocate for the petitioner fairly contended that during the pendency of the writ petition, now the provident fund amount deducted from the salary, apart from arrears of difference of salary on account of 6th Pay Revision for one year have been extended to the petitioner.

4. Learned Advocate for the Municipal Corporation, Munger, contended that the grievance of the petitioner shall be looked into by the Municipal Commissioner and admissible amount shall be paid.

5. Considering the submissions set forth by the learned Advocate for the respective parties, this Court directs the respondent no.4, the Municipal Commissioner, Munger Municipal Corporation, Munger to consider the claim of the petitioner and make all the terminal and other admissible benefits to the petitioner, preferably within a period of twelve weeks from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.7020 of 2022(5) dt.10-07-2025 3/3

6. Suffice it to observe that the erstwhile employee died in harness long back in the year 2019 and, as such, the respondent authorities shall adhere to the period stipulated.

7. The writ petition stands disposed off.

(Harish Kumar, J) rohit/- U