Sahdev Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7153 of 2022 ====================================================== Sahdev Dom, Son of Late Babulal Mallik @ Moti Mallik, (Retired Safai Karmi, Nagar Nigam, Munger), Resident of Mahaddipur, P.S.- Kasim Bazar, 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. Dhirendra Nath Jha, Advocate Mr. Ajay Kumar Jha, Advocate For the Respondent/s :

Mr. Abbas Haider, SC- 6 Mr. Wasi Mohammad, AC to SC-6 For the Corporation :

Mr. K. N. Sahay, Advocate ===================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 28-11-2024 Heard the parties.

2. The petitioner superannuated on 30.06.2020, while working as Incharge Sanitation from Munger Municipal Corporation.

3. Despite the superannuation of the petitioner, when he has not been accorded his pre and post retiral benefits as well as the benefit of ACP he approached this Court by filing the present writ petition.

4. A counter affidavit has been filed on behalf of respondent nos. 3 and 4 with categorical averment that all the

Patna High Court CWJC No.7153 of 2022 dt.28-11-2024 2/3 admissible dues have been been paid to the petitioner.

5. It is the contention of the learned Advocate for the respondent Corporation that the difference of arrears of 5th and 6th Pay Revision has been paid, except for certain period; the remaining due amount(s) shall be paid within a short period of time on receipt of the fund.

6. In view of the submissions advanced on behalf of the learned Advocate for the parties and the averments made in the counter affidavit, this Court thinks it proper to dispose of the writ petition with a direction to the respondent no.4 to ensure payment of all the remaining arrears of salary/pension on account of 5th / 6th Pay Revision preferably within a period of twelves weeks' from the date of receipt/production of a copy of this order.

7. Suffice it to observe that in case still there is any other due, the petitioner may approach before the concerned respondent by filing a representation with specific particulars within a period of four weeks from today.

8. In case, such a representation is filed by the petitioner, the same shall be considered and disposed of by passing a reasoned and speaking order.

9. With the aforesaid observation and direction, the

Patna High Court CWJC No.7153 of 2022 dt.28-11-2024 3/3 present writ petition stands disposed off.

(Harish Kumar, J) uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date 29.11.2024 Transmission Date NA