Suran Ram And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8682 of 2016 ======================================================

1. Suran Ram son of Late Nate, resident of Mohalla- Dinkar Chauk, Near Sulbh Sauchalay, Kazipur, P.S.- Kadam Kuan, District- Patna (B.C. Old Ward No. 16)

2. Dulariya W/o Suran Ram, resident of Mohalla- Dinkar Chauk, Near Sulbh Sauchalay, Kazipur, P.S.- Kadam Kuan, District- Patna (B.C. Ward No. 18/32) .... .... Petitioners

Versus

1. The State of Bihar through the Principal Secretary, Department of Urban Development, Government of Bihar, Patna

2. The Patna Municipal Corporation through its Municipal Commissioner

3. The Executive Officer, Patna Municial Corporation, Bankipur Circle, Patna

4. The Chief Accountant Controller Officer, Patna Municipal Corporation, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ramendra Prasad For the State : Ms. Kalpana, AC to GA 8 For Patna Municipal Corporation : Mr. Ranjeet Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 17-09-2016 Heard learned Counsel for the petitioners as well as the respondent Corporation and the State respondents. The petitioners have approached this Court with a grievance that the outstanding amount of dues towards their pension for the period 1.4.2010 to 31.10.2012 have not been paid to the petitioners and the salary according to ACP has also not been paid to them. The petitioners have also enclosed the petition and representation in this regard said to have been filed by them before the respondent Corporation.

Learned Counsel for the respondent Corporation has pointed out on the basis of the representation as annexed with the

Patna High Court CWJC No.8682 of 2016 (2) dt.17-09-2016 writ application that it is not clear as to whether in fact those representations have been filed at all.

After considering the submission on behalf of the parties and the materials on record, the fact is evident that if certain dues have remained to be paid to the petitioners to which they are legally entitled the same has to be paid by the respondent Corporation without any further delay.

This writ application is accordingly disposed of with a direction to the petitioners to file a fresh representation before the respondent Corporation within a period of two weeks from today giving details of their claim and if such a representation is filed, the respondent Corporation is enjoined to disposed of the same in accordance with law either allowing the payment as claimed by the petitioners or passing a speaking order refusing the same within a period of two months from the date receipt of the representation. (V. Nath, J.) Snkumar/- U