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Patna High CourtCWJC/696/2013disposed

Binod Ram v. The State Of Bihar And ORS

2015-12-15Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 696 of 2013 =========================================================== Binod Ram Son of Late Ramdeo Ram Resident of Mohallah- Chatradhari Bazar, P.O.- Chapra, P.S.- Bhagwan Bazar, District- Saran. .... .... Petitioner/s

Versus

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

2. Nagar Parishad, Chapra, through its Executive Officer, At & P.O.& P.S.- Chapra, District- Saran.

3. The Chairman, Nagar Parishad, Chapra, At & P.O.& P.S.- Chapra, DistrictSaran.

4. The Executive Officer, Nagar Parishad, Chapra, At & P.O.& P.S.- Chapra, District- Saran.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 15-12-2015 Heard learned counsel for the parties.

The dispute now only remains with regard to payment of difference amount on account of 5th and 6th pay revisions to the late mother of the petitioner. As per the pleadings and submissions of learned counsel appearing for the respondents no. 2 to 4, who are to make the payment, due to paucity of fund such amount has not been paid.

Having considered the submissions of learned counsel for the parties, this Court is of the firm opinion that paucity of fund cannot be a ground for non-payment of admitted dues/post retiral benefits.

Accordingly, the writ petition stands disposed off

Patna High Court CWJC No.696 of 2013 dt.15-12-2015 2/2 with a direction to make payment of admissible dues in accordance with law on the above two heads to the petitioner within four weeks from the date of production of a copy of the order before respondent no. 4, failing which the same shall carry interest of 9% per annum which shall be recovered from him. (Ahsanuddin Amanullah, J.) Anand Kr.

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