Subhash Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.30 of 2016 =========================================================== Subhash Kumar, son of Lothu Prasad Singh, resident of Mohalla- Ramnagar Bangali Tola, P.S.- Jakkanpur, District- Patna .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Urban Development Department, Government of Bihar

3. The Patna Municipal Corporation through its Executive Officer

4. The Commissioner, Patna Municipal Corporation, Patna

5. The Executive Officer, Patna Municipal Corporation, Patna .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ujjwal Kumar Sinha, Advocate For the Respondent Nos. 3 to 5 (PMC) : Mr. Ranjeet Kumar Pandey, Advocate For the Respondent No. 1 : Ms. Ratna Kumari, Advocate, A.C. to S.C.-13 For the Respondent/s : Mr. Arvind Kumar No. 1- S.C.-13 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 13-05-2016 Heard parties.

Petitioner claims to have retired on 31.01.2015 as Safai Mazdoor from Ward No. 21, Nutan Rajdhani Anchal, under the Patna Municipal Corporation.

It is contended that no post retiral benefits has been paid to him till date.

Learned counsel for the Patna Municipal Corporation submits that the retiral dues are being paid in seriatim due to the crunch of fund in Patna Municipal Corporation. The persons, who had retired till 31st March, 2013, are being paid just now. The petitioner will also be paid such amount as per his turn. The amount of his gratuity, earned leave encashment, provident fund, group insurance and pension, if admissible, shall be calculated immediately.

Patna High Court CWJC No.30 of 2016 dt.13-05-2016 2/2 Learned counsel for the Patna Municipal Corporation has also agreed that so far group insurance is concerned, the return or statement has to be given to the Life Insurance Corporation from where the petitioner would receive the amount. Similarly Provident Fund amount has to be paid to the petitioner immediately, and same is the case with the payment of pension, if admissible. Accordingly, I direct that the pension, if admissible, should be fixed and paid to the petitioner. Similarly, the Provident Fund amount along with statutory interest is also required to be paid immediately. The statement with respect to the Group Insurance should be immediately sent to the Life Insurance Corporation so that the amount is paid to the petitioner.

So far the amounts with respect to the earned leave encashment as well as gratuity are concerned, the Patna Municipal Corporation would be required to pay the same when the turn of the petitioner would come, as per the aforesaid statement. It is undertaken on behalf of the Patna Municipal Corporation that the entire payment, except the gratuity amount and earned leave encashment, would be completed within a period of three months from the date of receipt/production of a copy of this order. This disposes of the writ petition.

(Dr. Ravi Ranjan, J) Vats/- U