Krishna Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3454 of 2021 ====================================================== Krishna Manjhi Son of Late Dasharath Manjhi Resident of village- East Lohanipur, Ambedkar Colony, Khad Par, P.S.- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Govt. of Bihar Patna.

2.

The Collector, Patna.

3.

The Commissioner, Patna Municipal Corporation, Patna. 4.

The Executive Officer, Patna Municipal Corporation, Patna, Kankarbagh Circle, District- Patna.

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Adv.

For the PMC :

Mr. Ranjeet Kumar Pandey, Adv.

For the State :

Mr. Rakesh Ambastha ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-01-2024 Heard Mr. Rajiv Ranjan Kumar Pandey, learned counsel for the petitioner; Mr. Ranjeet Kumar Pandey, learned counsel for the Patna Municipal Corporation and Mr. Rakesh Ambastha, learned counsel for the State.

2. The petitioner after having attained the age of sixty years, superannuated from the service w.e.f. 31.01.2020 from the office of Kankarbagh Circle, Patna Municipal Corporation, Patna, has filed the present writ petition seeking a direction upon the respondent/Patna Municipal Corporation to ensure the payment of all the retiral dues as well as the arrears of difference of salary on account of pay revision.

Patna High Court CWJC No.3454 of 2021(6) dt.05-01-2024 2/3

3. A counter affidavit has been filed on behalf of the respondent/Patna Municipal Corporation and submission has been made that all the admissible retiral dues have been paid to the petitioner, the particulars of which have been mentioned in paragraphs 6 to 9 therein. He further submitted that so far the claim of the petitioner with respect to arrears of salary on account of sixth pay revision is concerned, the same has been calculated to the tune of Rs. 74,156/- and duly sanctioned vide order as contained in Letter No. 362 dated 02.03.2021. He next submitted that on account of paucity of fund, the same could not be made.

4. The aforesaid contention of the Patna Municipal Corporation has not been refuted by the learned counsel for the petitioner. However, he submitted that the arrears of salary on account of sixth pay revision was sanctioned in the year 2021 but till date it has not been paid to the petitioner.

5. Considering the submissions advanced on behalf of the parties and the materials available on record, the present writ petition stands disposed of with a direction to the respondent no.4, the Executive Officer, Patna Municipal Corporation, Patna, Kankarbagh Circle, District-Patna, to ensure the payment of arrears of difference of salary of the petitioner on account of

Patna High Court CWJC No.3454 of 2021(6) dt.05-01-2024 3/3 sixth pay revision, preferably within a period of twelve weeks from the date of receipt/production of a copy of this order. (Harish Kumar, J) rohit/- U