Sharda @ Sharda Devi And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4068 of 2018 ====================================================== 1.
Sharda @ Sharda Devi and Ors W/o Late Shukhlal Ram, Resident of Nala Road, Ambedkar Bhawan, P.S.- Kadam Kuan, Dist.- Patna, Retd. Sweeper, Ward No. 11 B.C.
2.
Ganesh Ram, S/o Late Sukh Lal Ram, Resident of Nala Road, Ambedkar Bhawan, P.S.- Kadam Kuan, Dist.- Patna, Sweeper, Ward No. 11 B.C. 3.
Yashoda, w/o Late Surajwa, Resident of Nala Road, Ambedkar Bhawan, P.S.- Kadam Kuan, Dist.- Patna, Retd. Sweeper, Ward No. 15, B.C. 4.
Rajendra Kumar, S/o Late Ram Das, Resident of Opposite Hindi Sahit Samelan Bhawan, Kadamkuan, P.S.- Rajendra Nagar, Dist.- Patna, P.C.C. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Patna Municipal corporation through its Municipal Commissioner Head Office Mauriya Lok, Patna.
3.
The Executive Officer of its respective Circle of Patna Municipal Corporation, Patna.
4.
The Municipal Finance and Account Controller, Patna Municipal Corporation, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None.
For the State :
Mr. Indeshwari Pd. Singh, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2023 On call, no one appears on behalf of the petitioners although learned Counsel for the PMC is present.
2. The present petition has been preferred for issuance of appropriate writ/writs, order/orders, direction/directions for commanding and directing the respondent nos. 2 to 4 to pay admissible interest on the arrear of 1.04.97 to 31.10.04 along with D.A. differences
Patna High Court CWJC No.4068 of 2018(3) dt.25-09-2023 2/3 arrears from 01.07.91 to 31.03.97. This said arrears have been made payment in the month of August & September 2016 to the petitioner about 20 years passed by the immense pressure of the Hon'ble Court but without admissible interest, whereas said respondents have been made payment with interest at the rate of 18 % and 6 % from the time it was due till the time it was paid to other employees on the same arrear except the petitioners. In this regard for token of fact and proof have been annexed copies of order in which respondents have been given interest on the same arrear. In this score respondents are making disparity among the employees. it is clear that the said respondents are giving interest who has personal approach to the respondent otherwise not.
3. Learned Counsel for the Patna Municipal Corporation has provided an order of a co-ordinate bench of this Court in CWJC No. 6464 of 2020 dated 03.01.2022 by which direction has been given to the competent authority to decide the same in accordance with law.
4. In that view of the matter, this writ petition is also disposed of in terms of the order passed in CWJC No. 6464 of 2020.
Patna High Court CWJC No.4068 of 2018(3) dt.25-09-2023 3/3
5. The case of the petitioners shall be considered and an appropriate order will be passed and the same will be disposed of within four months with a speaking order.
6. The writ petition stands disposed of.
(Rajiv Roy, J) Neha/- U