The Municipal Commissioner, Patna Municipal Corporation v. Shanti @ Shantiya And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.607 of 2016 In Miscellaneous Jurisdiction Case No. 3766 of 2014 ======================================================

1. The Municipal Commissioner, Patna Municipal Corporation, Maurya Complex, PRDA, Budh Marg, P.S. - Kotwali, District - Patna. .... .... Appellant/s

Versus

1. Shanti @ Shantiya Wife of Dhannu (retired Sweeper Ward No. 66, Patna City Circle, PMC) resident of Mohalla - Machharhatta, P.S. - Khajekallan, District - Patna.

2. The Secretary, Urban Development, Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ranjeet Kumar Pandey, Advocate For the Respondent/s : Mr. Prem Nath, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-07-2017 Having heard learned counsel for the parties, we find that the difference of salary amounting to Rs.1,21,358/- has now been paid to the respondent by the employer Municipal Corporation.

That being so, even if the amount has been paid beyond the period stipulated by the order passed on 20th of January, 2016 in M.J.C. No.3766 of 2014, the amount stands paid and delay being due to paucity of fund, no coercive action as suggested in the order dated 20.1.2016 passed in M.J.C.

Patna High Court LPA No.607 of 2016 (7) dt.03-07-2017 2/2 No.3766 of 2014 is required to be initiated against the Municipal Corporation or any of its officers. On the contrary, no further action in the matter of coercive steps in any manner be taken. With the aforesaid observations and directions, this appeal is disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- U