Smt. Shantiya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18238 of 2015 =========================================================== Smt. Shantiya, W/o Bishwanath ( Retired Sweeper Ward No. 65 Patna City Circle ) R/o Harizan Colony, Mangal Talab, P.S. Chowk, District - Patna .... .... Petitioner

Versus

1. The State of Bihar through its Chief Secretary Bihar Patna

2. Patna Municipal Corporation through its Commissioner, Patna Municipal Corporation, Muriya Complex, Patna

3. Commissioner, Patna Municipal Corporation, Muriya Complex, Budha Marg, P.S. Kotwali, District - Patna

4. Executive Officer, Patna City Circle Patna Municipal Corporation, Meena Bazar, P.S. Alam Ganj, District - Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Prem Nath, Advocate For the State : Mr. Lokesh Kumar Singh AC to SC-26 For the Corporation : Mr. Sanjay Prakash Verma, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 19-05-2016 Heard parties.

It is contended on behalf of the Patna Municipal Corporation that the entire G.P.F. amount has been calculated and paid to the petitioner along with interest in accordance with law. The details of calculation have also been appended. So far the gratuity, leave encashment and dearness allowance are concerned, the same have already been sanctioned vide Annexure-D. However, it is contended that Corporation has already decided to pay such amount with respect to those employees who had retired or died in harness as on 31.03.2013 and other employees will be paid thereafter in

Patna High Court CWJC No.18238 of 2015 dt.19-05-2016 2/2 chronological order. So far difference of salary on account of 5th and 6th revision is concerned, it is contended that the same is not being paid to any of the employee due to paucity of fund but whenever the sufficient fund would be received, the petitioner would also be paid such amount along with other employees without discriminating him. Accordingly, this writ application is being disposed of with a direction to the Municipal Commissioner to pay the sanctioned amount vide Annexure-D within a period of three months from the date of receipt/production of a copy of this order. So far the arrears of salary accrued due to revision of scale is concerned, the same would also be required to be paid along with other employees who are on identical footing. (Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR NAFR CAV DATE N.A Uploading Date 20.06.2016 Transmission Date N.A.