Umesh Kumar v. The State Of Bihar And ORS

Patna High Court CWJC No.798 of 2016 (4) dt.27-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.798 of 2016 ======================================================

1. Umesh Kumar (S.I. K. Bagh), Son of Shri Dwarka Prasad Sharma, Resident of Kailashpuri Suriyanchal Hanuman Nagar, P.S. - Patrakar Nagar, 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 Executive Officer, Patna Municipal Corporation, Kankarbagh Circle, Patna.

4. The Chief Accountant Controller Officer, Patna Municipal Corporation, Patna. .... .... Respondent ====================================================== Appearance :

For the Petitioner/s : Mr. Ramendra Prasad, Advocate For the PMC : Mr. Ranjeet Kumar Pandey, Advocate ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Patna Municipal Corporation. The petitioner retired from his service on 31.1.2011 as Sanitary Inspector, Kankarbagh Circle under Patna Municipal Corporation. He prays for his retrial benefits. The petitioner submits that most of the retrial benefits have not been paid to him.

On the other hand, learned counsel appearing for the Patna Municipal Corporation submits that the petitioner has been paid most of his benefits like Leave Encashment, Gratuity, Dearness Allowance for the period from 1.7.1991 to 31.7.1993, the difference of 6th Pay Revision Pension for the period from

Patna High Court CWJC No.798 of 2016 (4) dt.27-06-2016 1.2.2011 to 31.3.2012, Provident Fund amount with interest and Difference of Dearness Allowance for the period 1.4.2010 to 31.11.2010. However, he submits that the difference of salary on account of 6th Pay Revision for the period from 1.4.2010 to 31.1.2011 as well as arrears of Dearness Allowance on Pension for the period 1.2.2011 to 31.10.2012 has also been sanctioned. Similarly, the money accruing towards pay anomaly for the period from 1.2.2007 to 31.3.2010 has also been sanctioned vide letter dated 11.3.2013. It is submitted that on account of paucity of fund, the aforesaid amount has not been paid to the petitioner. A request has also been made to the State Government for release of fund.

Having considered the facts and circumstances of the case, this writ application is disposed of with a direction to the petitioner to file a detailed representation before respondent No.2 with respect of his unpaid dues. In case the petitioner files his representation, the same would be disposed of by a speaking order within three months from the date of its filing.