Shatrughan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18250 of 2022 ====================================================== Shatrughan Singh Son of Late Raghuadan Singh, Resident of Road No. 07, Magadh Colony, P.S.- Gaya Medical, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate cum Collector, Gaya.

3.

The Gaya Municipal Corporation, Gaya through The Chief Executive Officer.

4.

The Town Commissioner, Gaya Municipal Corporation, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar Thakur, Adv.

For the Respondent/s :

Mr. Yogendra Pd. Sinha, AAG-7 For the Municipal Corporation :

Mr. Ravinder Kumar Priyadarshi, Adv.

For the State :

Mr. Rakesh Ambastha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-11-2023 Heard Mr. Abhay Kumar Thakur, learned counsel appearing on behalf of the petitioner and Mr. Ravinder Kumar Priyadarshi, learned counsel representing the Municipal Corporation, Gaya. The State is represented by Mr. Rakesh Ambastha.

2. The petitioner who superannuated from the office of Gaya Municipal Corporation, Gaya on 30.01.2019 from the post of tax collector, filed the present writ petition seeking direction for the following reliefs:- "I. To command the Respondent No. 3 & 4 to issue order to the Gaya Municipal Corporation, Gaya for making payment of

Patna High Court CWJC No.18250 of 2022(2) dt.28-11-2023 2/3 all retired and other benefits at the earliest to the petitioner.

II. To command the District Magistrate cum Collector, Gaya to take necessary steps for releasing retirement and other benefits at the earliest to the petitioner. III. To command the Gaya Municipal Corporation, Gaya to pay retirement and other benefits immediately to the petitioner.

IV. For any relief for which the petitioner found entitled in the facts and circumstances of the present case."

3. At the outset, Mr. Thakur proposes to file a representation before the Municipal Corporation, Gaya for redressal of his grievance as raised in the present writ petition.

4. He further submits that in identical situation, the learned Co-ordinate Bench of this Court has allowed the petitioner of those cases to file a detailed representation with a direction to the Municipal Corporation, Gaya to consider the case and pass necessary order for payment of retiral dues.

5. Mr. Priyadarshi, learned counsel for the corporation submits that he has in receipt of the instruction and in fact the Municipal Corporation is making payment of all the retiral dues, as per the seriatim of the date of retirement of its employees and the petitioner is admittedly superannuated in

Patna High Court CWJC No.18250 of 2022(2) dt.28-11-2023 3/3 December, 2019, whereas the payments have been made only to the employees, who have superannuated in the year 2018.

6. Be that as it may, considering the prayer made on behalf of the petitioner, the present writ petition stands disposed off, with a direction to the petitioner to file a proper representation before the Municipal Corporation, Gaya, preferably within a period of four weeks from today.

7. If such a representation is filed, the Municipal Commissioner, Municipal Corporation, Gaya shall consider the same and pass a necessary order to ensure payment of all the admissible retiral/ other dues in accordance with law, preferably within a period of 6 weeks thereafter.

8. Accordingly the present writ petition stands disposed off.

(Harish Kumar, J) supratim/- U