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Patna High CourtMJC/2988/2016disposed

Shiv Pujan Ram v. Mr. Abhishek Singh, The Commissioner, Patna Municipal Corporation, Patna And ORS

2019-02-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2988 of 2016 ====================================================== Shiv Pujan Ram Son of late Babulal Ram, Resident of Village-Manikchand Talab ,post- Anisabad, P.S-Jakkanpur, Dist-Patna ... ... Petitioner/s

Versus

1. Mr. Abhishek Singh, The Commissioner, Patna Municipal Corporation, Patna

2. The Executive Officer, New Capital Area Patna Muncipal Corporation Patna

3. The Chief Accounts Officer, Patna Municipal Corporation Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Jain, Advocate For the PMC :

Mr. Jawed Gaffar Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2019 Learned counsel appearing on behalf of the opposite parties submits that in terms of the direction issued by this Court payment has been made. Referring to additional show cause filed today, particularly paragraph 3 whereof, he submits that the grievance of the petitioner has been redressed. Paragraph No. 3 of the show cause is quoted below:- "3. That in compliance of order dated 07/01/19 passed in MJC No. 2988/2016 following payment of interest to the petitioner has been made on following head.

(i) Difference of salary from 01/04/1997 to 31/04/2010.

(ii) Difference of Dearness Allowance from 01./07/1993 to 31/10/2004.

On total of above-said amount of Rs. 1,79,037 from 26/03/2012 to the date of payment i.e. 15/08/2016 interest at the rate of 6% amounting

Patna High Court MJC No.2988 of 2016(5) dt.05-02-2019 2/2 to Rs. 45,155/- has been sanctioned vide memo no. 156 dated 30/01/2019.

The above said amount of Rs. 45,155/- has been credited in the Bank account of petitioner bearing account no. 000391000097771 (Bank of Borauda, Patna) through RTGS/NEFT vide memo no. 159 dated 01/02/2019.

Thus the grievane of the petitioner has been redressed by opposite parties. A copy of the memo no. 156 dt. 30/01/19 and copy of RTGS Memo no. 159 dt. 01/02/19 is being annexed herewith and marked as Annexure-B to this show cause.

Considering the aforesaid, the present proceeding is dropped. In the event the statements made in para-3 of the additional show cause quoted hereinabove, is found to be incorrect, liberty shall be available to the petitioner to file an affidavit for revival of the present application. With the aforesaid, the application stands disposed of. (Anil Kumar Upadhyay, J) spandey/- U