Dharmendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.681 of 2016 =========================================================== Dharmendra Kumar, son of Late Naresh Kumar, resident of Kumharar Nagina Nagar, P.S.- Agam Kuan, 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 Municipal Commissioner

3. The Chief Accountant Controller Officer, Patna Municipal Corporation, Patna

4. The Executive Officer, Patna Municipal Corporation, Patna City Circle, DistrictPatna .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Ranjeet Kumar Pandey, Advocate For the State : A.C. to S.C. 15 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 18-05-2016 Heard parties.

Petitioner claims to be the son of late Naresh Kumar who had died in harness while serving as 'Parvekshak' (I/C Tax Collector) from the Patna City Circle of the respondent - Patna Municipal Corporation.

It is contended that death-cum-retiral dues have not been paid till date except the GPF amount.

Learned counsel appearing for the Corporation as usual harps a tune that payment of retiral dues are being given to those employees who had retired or died in harness as on 31.03.2013 and

Patna High Court CWJC No.681 of 2016 dt.18-05-2016 2 / 2 since the petitioner's father has died on 08.04.2013 his death-cumretiral dues would be paid when his term will come. It is also stated that several decisions have been taken for payment of retiral dues in chronological order.

Accordingly, this writ application is being disposed of with a direction to make payment of the dues of the father of the petitioner to the person authorized to receive it when the term will come but at the same time since the petitioner's father had died after eight days of the aforesaid date i.e., 31.03.2013 itself, the respondent is directed to take all the steps for making early payment with respect to the petitioner maintaining the chronological order and without any discrimination.

(Dr. Ravi Ranjan, J) Sanjay-II/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.06.2016 Transmission Date NA