Bihar Local Bodies Employees Federation, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3596 of 2021 ====================================================== Bihar Local Bodies Employees Federation, Patna through its Pradesh Sangathan Mantri Md. Asjad Alam, Male, Aged about 30 years, Son of Late Md. Asrafuddin, Ward No. 22, Ganimat Hussain Path, Nagar Parishad, Supaul, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Urban Development and Housing , Govt. of Bihar, Patna 2.

The Principal Secretary, Department of Urban Development and Housing, Govt. of Bihar, Patna 3.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nirbhay Kumar Singh For the Respondent/s :

Mr. Abbas Haider, SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 31-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. State counsel accept notice for respondents.

3. In the present petition, petitioner has prayed for following reliefs:

"1. That, the present application is being preferred for issuance of writ/writs, order/orders, direction/ directions to the respondent authorities for grant of following relieves to the petitioner:- (A) In the nature of mandamus directing and commanding the respondent authorities to constitute a fitment committee for implementation of benefit of 7th Pay Commission to the employees of Municipalities of State of Bihar.

(B) In the nature of mandamus for a direction to implement the benefit of 7th Pay commission to the employees of municipalities upon the recommendation of aforesaid fitment

Patna High Court CWJC No.3596 of 2021 dt.31-01-2022 2/2 committee within a time frame.

(C) For any other relief for which the petitioner if entitled in the facts and circumstances of the instant case."

4. In the supplementary affidavit learned counsel for the petitioner pointed out that recommendation has been made for grant of 7th Pay benefit on 28.01.2021. However, the same has not been considered by the concerned respondent.

5. In the light of these facts and circumstances, the concerned respondent is hereby directed to examine the petitioner's grievance as to whether petitioner is entitled to monetary benefit of 7th Pay Commission or not. If the petitioner is entitled, necessary monetary benefits shall be extended. If petitioner is not otherwise eligible in that event speaking order shall be passed and communicated to the petitioner. The above exercise shall be completed after due taking note of recommendation dated 28.01.2021 (Annexure-2 to the supplementary affidavit) within a period of four months from the date of receipt of this order.

6. With the above observations, the instant petition stands disposed of.

(P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date