Bashist Kumar Mishra v. The State Of Bihar And ORS

Patna High Court CWJC No.16966 of 2015 dt.10-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16966 of 2015 =========================================================== Bashist Kumar Mishra, son of Late Manna Mishra, R/o Mohalla - Mauna, P.S. - Chapra Town, District - Chapra.

.... .... Petitioner

Versus

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

2. Nagar Parishad Chapra, through its Executive Officer, at and P.S. Chapra, District - Chapra.

3. The Chairman, Nagar Parishad Chapra, at and P.S. Chapra, District - Chapra.

4. The Executive Officer, Nagar Parishad Chapra at and P.S. - Chapra, District - Chapra.

.... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Binod Murari Mishra, Advocate For Respondent no. 2 to 4: Mr. Rakesh Kr. Tiwari, Advocate For the State : Mr. Santosh Kumar, AC to GP 9 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 10-05-2016 Heard parties.

Sole grievance of the petitioner is that difference of pay after 5th Pay Revision has not been given to the petitioner as well ass the salary for the strike period of 70 days and the balance of gratuity in view of 5th Pay Revision have also not been paid. That apart, revision of pension has also not been done as per the revised scale under 5th Pay Revision.

Learned counsel appearing for Nagar Parishad, Chapra submits on instruction that the entire admissible dues of the petitioner has been calculated and a cheque has already been issued yesterday.

Patna High Court CWJC No.16966 of 2015 dt.10-05-2016 In view of such categorical statement having been made, the petitioner is directed to collect the cheque from the officer of the Nagar Parishad Chapra. If the pension has not been fixed and still some amount remains dues in view of 5th Pay Revision then that grievance should also be redressed within three months from the date of receipt/ production of a copy of this order on its own merit and in accordance with law. While doing that, the claim of the petitioner that some persons have got benefit even after retirement should also be considered by the Executive officer of the Nagar Parishad if the same has already not been done.

This disposes of the writ application.

(Dr. Ravi Ranjan, J.) rinkee/Ravi U