Patna High CourtCWJC/10560/2014disposed

Subodh Kumar v. The State Of Bihar And ORS

2016-05-05Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10560 of 2014 ===========================================================

1. Subodh Kumar Son of Late Rameshwar Prasad resident of Mohalla- Badi Mathia, Mahavir Tola, P.S AND Town Ara, District- Bhojpur. .... .... Petitioner/s

Versus

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

2. The Ara Municipal Corporation, Ara, District- Bhojpur.

3. The Town Commissioner, Ara Municipal Corporation, Ara, District- Bhojpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar For the Respondent/s : Mr. Prabhat Kumar, AC to GA 2 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 05-05-2016 Petitioner retired on 1.8.1999. At the time of superannuation, he was holding post of Water Pump Inspector. This writ application was filed on 26.6.2014.

In the counter affidavit filed on behalf of Urban Development Department, it is evident that a communication was made with the Municipal Commissioner, Ara way back on 10.10.2014 to file a counter affidavit, which has not been done. In view of the same and keeping in mind what the Hon'ble Apex Court had to decide in Annexure- 2, the Court directs the Municipal Commissioner, Ara Municipal Corporation to decide all the liabilities as well as the entitlement of the petitioner within a period of three months and also take steps for payment. Whatever is

Patna High Court CWJC No.10560 of 2014 dt.05-05-2016 2/2 disputed will be communicated to the petitioner within the same time frame. The Court makes it clear that if the direction and the time frame is not adhered to, the Municipal Commissioner will be personally hauled up for violation of the order. Writ stands disposed of with the above direction. (Ajay Kumar Tripathi, J) sk AFR/NAFR NAFR CAV DATE Uploading Date 5.5.2016 Transmission Date