Raj Kumar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11558 of 2011 ====================================================== Raj Kumar Ram S/O Late Bithal R/O Mohalla-Sadikpur (Harijan Colony), Distt.-Patna .... .... Petitioner

Versus

1. The State Of Bihar Through District Mangistrate, Distt.-Patna

2. The Chief Executive Officer, Municipal Corporation Patna City Anchal, Distt.-Patna

3. The Chief Accounts Officer, Municipal Corporation, Patna City Anchal, Distt.-Patna

4. The Deputy Executive Officer, Municipal Corporation Patna City Anchal, Distt.-Patna

5. The Executive Officer, Municipal Corporation Patna City Anchal, Distt.-Patna

6. The Sectional Officer, Municipal Corporation Patna City Anchal, Distt.- Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Ram Naresh Sharma For the PMC : Mr. Ranjeet Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 26-08-2015 Heard learned counsel for the parties.

The writ application was filed seeking a direction upon the respondents for payment of retiral dues of the late parents of the petitioner. The father of the petitioner retired on 30.06.2004 whereas the mother retired on 01.07.2008 from the post of 'Safai Karmi'.

It is agreed at the Bar that the claim now remains only with regard to payment of arrears of salary on account of pay revision pursuant to 5th and 6th Pay Revisions. A counter affidavit has been filed on behalf of the

Patna High Court CWJC No.11558 of 2011 (7) dt.26-08-2015 P2/2 respondents no. 2 and 6 in which it has been stated that pursuant to the orders passed in L.P.A. No. 960 of 2007, direction for payment of arrears of salary relating to the said pay revision, the Corporation has taken a decision to pay the same to its employees in three phases i.e., first phase to those who retired/died upto 31.03.2005, second phase to the employees who retired/died upto 31.03.2010 and in the third phase, to those employees who retired/died upto 31.03.2015.

It has further been stated that upon a representation filed by the heirs of the deceased employees i.e., the father and mother of the petitioner, after verification the dues shall be paid as per the decision already taken by the Corporation.

Accordingly, the application stands disposed off with the direction to the petitioner to file a representation before the competent authority enclosing materials to show who are the legal heirs of the deceased employees and other details as may be required. It is expected that the payment would be made upon verification of the concerned heirs as per the decision already taken by the Corporation.

(Ahsanuddin Amanullah, J) Saif/- U