Patna High Court
Mahendra Ram vs The State Of Bihar on 6 August, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1509 of 2022
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Mahendra Ram, S/o Late Kedar Ram, Resident of Ward No.13, Shahid
Chauk, Jaynagar, P.O. and P.S.- Jaynagar, District- Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Urban Development and
Housing Department, Government of Bihar.
2. The Jaynagar Panchayat, Jaynagar through its Executive Officer, Jaynagar
Panchayat, Jaynagar, District- Madhubani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar Jha, Adv.
For the Respondent/s : Mr. Kinkar Kumar, SC-9
For the N.P. J. : Mr. Ashok Kumar, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 06-08-2024
Heard the parties.
2. The petitioner superannuated on 30.10.2012 from
the post of Sweeper, Jaynagar Panchayat. Despite his
superannuation way back in the year 2012, when the petitioner
has not been accorded his admissible retiral benefits, he finally
moved before this Court by filing the present writ petition.
3. Learned Advocate appearing for the Jaynagar
Panchayat, submitted that so far the other admissible dues,
except arrears on account of 5th and 6th pay revision are
concerned, the same has already been paid to the petitioner. It is
further contended that so far the 5th and 6th pay revision is
concerned, the respondent State Authorities has issued a letter
Patna High Court CWJC No.1509 of 2022 dt.06-08-2024
vide Memo No. 3933 dated 25.07.2018, allowing the benefits of
5th and 6th pay revision to the employees of local bodies. The
post of Sweeper and other identical post have been included and
a direction has been given to pay the arrears on account of 4th,
5th and 6th pay revisions from its effective dates.
4. A counter affidavit has been filed on behalf of
respondent no.2, wherein it is categorically averred that the
difference of arrears of payment on account of 5 th pay revision
amounting to Rs. 1,57,345/- and difference of arrears of pay on
account of 6th pay revision amounting to Rs. 2,66,953/- have
been paid to the petitioner. It is next contended that the amount
of arrears of pension on account of 6th pay revision and arrears
of unutilized leave and gratuity on the basis of 6 th pay revision,
have not been paid to the petitioner due to financial crunch of
Nagar Panchayat, Jaynagar. It is fairly contended that the
amount of arrears of pension on account of 6 th pay revision and
arrears of unutilized leave and gratuity on the basis of 6 th pay
revision shall be paid to the petitioner after availability of the
fund.
5. Considering the grievance of the petitioner and the
response made on behalf of respondent no.2, Nagar Panchayat,
Jaynagar, the writ petition stands disposed of with a direction to
Patna High Court CWJC No.1509 of 2022 dt.06-08-2024
respondent no.2 to ensure payment of admitted admissible
amount to the petitioner, preferably within a period of twelve
weeks from the date of receipt/production of a copy of this
order.
6. Suffice it to say that the petitioner superannuated
way back in the year 2012, respondent no. 2 shall adhere to the
period prescribed hereinabove.
(Harish Kumar, J)
rohit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07-08-2024
Transmission Date
