Indradev Choudhary v. The State Of Bihar Through, The Principal Secretary, Urban Development And Housing Department,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3130 of 2021 ====================================================== Indradev Choudhary son of Sri Mangal Choudhary, r/o village- Paigamberpur, Fatwah, PS-Khushrupur, Distt. Patna.

... ... Petitioner/s

Versus

The State of Bihar & Ors.

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Respondent/s :

Mr. Subhash Prasad Singh (GA3) For the PMC :

Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-01-2024 Heard Mr. Rajiv Ranjan Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Subhash Prasad Singh, learned Government Advocate-3 as well as Mr. Ranjeet Kumar Pandey, learned counsel for Patna Municipal Corporation.

2.

The petitioner, having completed the age of sixty years has superannuated on 31.05.2016 from the post of routine clerk from the office of Patna Municipal Corporation, Patna, has filed the present writ petition seeking a direction upon the respondent corporation to ensure payment of all the retiral as well as arrears of salary on account of pay revision. 3.

A counter-affidavit has been filed on behalf of respondent corporation and submission has been made that substantive retiral and other dues have been paid to the petitioner. The particulars of which has been duly mentioned in

Patna High Court CWJC No.3130 of 2021(6) dt.05-01-2024 2/2 paragraph no. 6 to 9. It is further submitted that there is paucity of fund in Patna Municipal Corporation and as such, the admitted due arrears under different head has already been calculated and the same shall be paid to the petitioner immediately after receiving the allotment from the State Government under the head of "Sixth Finance Commission" for which the corporation has already requested.

4.

The aforesaid fact has not been refuted by learned counsel for the petitioner.

5.

Considering the submissions advanced and the materials available on record, the present writ petition stands disposed of with a direction to the Municipal Corporation to ensure payment of the remaining arrears of salary and pension on account of pay revision within 12 weeks from the date of receipt of production of a copy of this order. The petitioner is also at liberty to file a representation before the respondent authority, if he is not satisfied with the calculation made by the respondent corporation in making payment of admissible dues. (Harish Kumar, J) Shahnawaz/- U T