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Patna High CourtMJC/3044/2015disposed

Munna v. Sri Jai Singh Municipal Commissioner Cum Chief Executive Officer Patna Municipal Corporation Patna

2019-01-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3044 of 2015 In Civil Writ Jurisdiction Case No.17920 of 2010 ====================================================== Munna, son of Jahoor, resident of Sadikpur, Muchoho Toli, P.S.- Alamganj, District- Patna.

... ... Petitioner/s

Versus

Sri Jai Singh, Municipal Comissioner cum Chief Executive Officer, Patna Municipal Corporation, Patna.

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

For the Petitioner/s :

Mr. Mani Madhukar, Adv.

For the Respondent/s :

Mr. Hargovind Singh Himkar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-01-2019 Having regard to the statement made in Paragraph Nos. 8 and 9 of the show cause which is quoted herein below: ".....8. That in compliance to the order passed by the Hon'ble Court arrears of salary on account of revision of pay from 01.04.1997 to 30.06.1997 amounting to Rs.2733/- has already been paid to the petitioner through RTGS in his account number 24600100000760 in the Bank of Baroda, Gulzarbagh Branch along with other employees of the corporation.

A photocopy of chart showing payment of arrears of salary is being annexed herewith and marked as Annexure-A.

9. That it is also humbly stated and submitted that so far the claim of the petitioner with respect to arrears of pension on account of revision of pay is concerned, the same has not

Patna High Court MJC No.3044 of 2015(4) dt.04-01-2019 2/2 been paid to any pension holder due to paucity of fund. It is pertinent to mention here that since there is paucity of fund in the Patna Municipal Corporation and as such the arrears of pension on account of revision of pay is not been paid to the employees of the corporation but the petitioner will also get his arrears on account of revision of pay along with other retired employees of the corporation as per the availability of the required fund."

The Court does not want to proceed any further. The present proceeding is dropped on the undertaking that in case payment of revised pay scale is made available to any of its employee by the Patna Municipal Corporation then petitioner should be also paid the revised pay scale along with the similar circumstanced.

On the aforesaid undertaking, the present application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U