Shanti Devi, v. The State Of Bihar Through The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1604 of 2021 ====================================================== Shanti Devi, W/o Late Ram Bilas, R/o-Moh-Chhatrdhari Bazar (Ward No. 15), P.O. and P.S.-Bhagwan Bazar, District-Saran (Chapra). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Urban Development Govt. of Bihar, Patna.

2.

The Municipal Commissioner Chpra Nagar Nigam, Saran. 3.

The District Magistrate, Saran at Chapra.

4.

The Executive Officer, Chapra Nagar Nigam, Chapra. 5.

The Account Assistant cum Head Clerk Chapra Nagar Nigam, Chapra. 6.

The Treasury Officer, Saran at Chapra.

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

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary, Adv For the Respondent/s :

Mr. Lalit Kishore AG ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-11-2022 Heard Mr. Shashi Shekhar Tiwary, learned counsel appearing on behalf of the petitioner as well as Ms. Priyanka Kumari learned counsel for the respondent Municipal Corporation, Chapra.

Learned counsel for the Corporation seeks permission to file counter affidavit, the same is taken on record.

By referring to the avernments made in paragraph no. 5 of the counter affidavit, she submits that after due calculation of the admissible due retiral benefits, the petitioner has been paid his retiral dues and, thereafter, vide

Patna High Court CWJC No.1604 of 2021(6) dt.07-11-2022 2/3 letter no.1183 dated 03.07.2021, the petitioner has been informed that if, there is any due amount, she may approach to the office of Nagar Nigam Chapra. She next submits that so far the salary from February 2018 to June 2018, gratuity, leave encashment and the benefit of provident fund are concerned the same have stood paid to the petitioner. It is vehemently contended that there is no dues pending against the petitioner. However, if there is only grievance still subsisting and if it is brought to the notice of Nagar Nigam, Chapra that would be considered and paid after due verification.

On the other hand, learned counsel for the petitioner fairly submits that he has not received any instruction from his client and as such he is not in a position to convert the factual position.

Learned counsel for the State is present.

In view of the avernments made in the counter affidavit filed on behalf of the respondent Nagar Nigam Chapra, the present application is disposed of with the liberty to the petitioner that in case any grievance still remains pending, she is at liberty to file representation

Patna High Court CWJC No.1604 of 2021(6) dt.07-11-2022 3/3 before the respondent Nagar Nigam and the same would be disposed of by a reasoned and speaking order. Accordingly, the present writ application stands disposed of with the aforesaid observation.

(Harish Kumar, J) N.K/- U