Dinesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8151 of 2019 ====================================================== Dinesh Ram, Son of Late Bhola Ram, Resident of Village Bhanara, Ward No.14, P.O.- Kotwali Chowk, P.S. and District- Madhubani. ... ... Petitioner/s

Versus

1.

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

The Executive Officer, Nagar Parishad, Madhubani, District Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioners : Mr. Ashutosh Kumar Jha, Advocate For the Respondents : Mr. Kinkar Kumar (SC 9) For the Respondent No. 2 : Mr. Purushottam Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 16-05-2019 Heard the learned counsel for the parties.

2. The petitioner, who is the son of the deceased employee, has approached this Court for a direction to the respondent authorities to give the arrears of the salary of the father of the petitioner from 01.04.1997 to 31.03.2007 in the light Vth and VIth Pay Commission Report.

3. The petitioner has stated before this Court that his father while working as a Cleaner in the Nagar Parishad, Madhubani died on 11.08.2017. Since the postretiral dues of the petitioner were not being given to his

Patna High Court CWJC No.8151 of 2019 dt.16-05-2019 2/3 family members, the petitioner had to approach this Court vide C.W.J.C. No. 12567 of 2018. Before the writ petition could be adjudicated, the concerned respondent paid the retiral dues of the father of the petitioner. Now the petitioner requires to be paid the arrears of salary in the light of the VIth Pay Commission Report which has already been sanctioned by the Government vide letter dated 27.12.2018 passed under the signature of the Deputy Secretary, Urban Development and Housing Department, Government of Bihar.

4. The petitioner under the aforesaid circumstances is directed to make a representation before the Executive Officer, Nagar Parishad, Madhubani (respondent no. 2) within a period of four weeks from today, making a request for release of arrears of salary from 01.04.1997 to 31.03.2007 in the light of VIth Pay Commission Report, who, on receipt of the same shall verify the facts and pass a reasoned order in accordance with law within a further period of ten weeks thereafter. If

Patna High Court CWJC No.8151 of 2019 dt.16-05-2019 3/3 the claim of the petitioner is found to be tenable, necessary sequel order shall be passed within the aforesaid period.

With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.05.2019 Transmission Date