Maimoon Khatoon v. Patna Municipal Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6006 of 2015 ====================================================== Maimoon Khatoon wife of Late Md. Salim, resident of Mohalla - Sadikpur Machhuyatoli, P.O. Guljarbag, P.S. Alamganj, District- Patna. .... .... Petitioner/s

Versus

1. Patna Municipal Corporation, Buddh Marg , Patna, through its Municipal Commissioner.

2. The Municipal Commissioner, Patna Municipal Corporation, Buddh Marg, Patna.

3. The Chief Accounts Officer, Patna, Municipal Corporation, Buddh Marg, Patna.

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Adv For the Respondent/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 30-06-2015 Heard learned counsel for the petitioner.

No one appears for the Patna Municipal Corporation.

The prayer of the petitioner in this writ application is for issuance of a direction to the Patna Municipal Corporation (hereinafter referred to as the 'Corporation') for payment of death cum retirement benefit.

From the pleadings which have remained uncontroverted during the period of last two and a half months ever since this writ application was filed on

Patna High Court CWJC No.6006 of 2015 (2) dt.30-06-2015 16.04.2015, is that the husband of the petitioner was working as a Sweeper and had continued in service till 08.06.2013, and after his death, none of the benefits admissible to him i.e., Provident fund with statutory interest, Leave Encashment, Group Insurance, Dearness Allowance and arrears of salary as per revised pay scale etc., have been paid. While this Court would not like to say anything for in service benefits like arrears of salary and D.A., but it must direct the authorities of the Patna Municipal Corporation to ensure that if the admitted amount of Provident Fund with statutory interest, Leave Encashment and Group Insurance, has not been paid till date, the same must be paid to the widow-petitioner within a period of three months from the date of receipt of this order.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U