Pawan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11775 of 2016 =========================================================== Pawan son of Late Mohan resident of Mohalla- Loha Ka Pul, P.S. Mehandiganj, Mansa Ram Ki Akhara, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Urban Development, Government of Bihar, Patna.

2. The Patna Municipal Corporation through its Commissioner, Maurya Lok (P.R.D.A.), Patna Block- C

3. The Commissioner, Patna Municipal Corporation, Maurya Lok, Patna.

4. The Executive Officer, Patna Municipal Corporation, Patna City Circle, Patna.

5. The Chief Account Officer, Patna Municipal Corporation, Patna. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Ramendra Prasad, Advocate For the Respondent/s : Mr. Uma Shankar, GP-4 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 31-08-2017 The petitioner retired on 28.02.2014 from the post of Sweeper from Patna City Circle in Ward No. 57 under Patna Municipal Corporation, Patna. He has filed the present application for payment of his retiral dues.

2.

A counter-affidavit has been filed on behalf of respondent nos. 2 to 5 stating therein that all the pending retiral dues of the petitioner have been paid. Learned counsel for the Municipal Corporation has submitted that in view of the payment of retiral dues, the writ petition has become infructuous.

Patna High Court CWJC No.11775 of 2016 dt.31-08-2017 2/2 3.

Learned counsel for the petitioner has submitted that he has no instruction as to whether payment of retiral dues has been made to the petitioner or not.

4.

Having regard to the arguments advanced, the writ petition is disposed of with liberty to the petitioner that in case any amount is not paid to him, he may file representation before the respondent no. 4, Executive Officer, Patna Municipal Corporation, Patna City Circle, Patna raising all his claims. In case of filing of such representation, respondent no. 4 shall be required to examine the claim of the petitioner and dispose of the same by a reasoned order. In case any amount is found admissible, the same shall be paid to the petitioner within two months from the date of filing of representation. In case of refusal of any claim of the petitioner, the reasoned order must be communicated to the petitioner on his postal address.

(Ashwani Kumar Singh, J.) Kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.09.2017 Transmission Date NA