Patna High Court
Laxminiya vs The State Of Bihar on 2 January, 2024
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2751 of 2021
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Laxminiya Wife of Shiv Nandan Ram Resident of Village- Manpur Bariya,
P.S.- Gopalpur Bariya, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Urban Development
Department, Government of Bihar, Patna.
2. The Patna Municipal Corporation, Patna Through it's Commissioner
3. The Commissioner, Patna Municipal Corporation Patna
4. The Executive Officer, Patna City Circle, Patna Municipal Corporation
Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Chandram, Adv.
For the PMC : Mr. Ranjeet Kumar Pandey, Adv.
For the State : Mr. Kinkar Kumar, SC 9 with
Mr. Yogesh Kumar, AC to SC 9
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 02-01-2024
Heard Mr. Rakesh Kumar Chandram, learned
counsel appearing on behalf of the petitioner and Mr. Ranjeet
Kumar Pandey, learned counsel for the Patna Municipal
Corporation. Mr. Yogesh Kumar, learned counsel for the State is
also present.
2. The petitioner, who had been serving the
respondent-Corporation as Sweeper, retired on 30.06.2011 from
Patna City Circle of Patna Municipal Corporation, filed the
present writ petition seeking a direction upon the respondents to
ensure the payment of admissible retiral dues.
Patna High Court CWJC No.2751 of 2021 dt.02-01-2024
3. A counter affidavit has been filed on behalf of the
Patna Municipal Corporation and submission has been made
that on being superannuated, the petitioner has been paid an
amount of Rs.2,97,559/- as part payment of gratuity, earned
leave, provident fund and difference of dearness allowance. He
further submits that the Patna City Circle of Patna Municipal
Corporation has calculated the entire due amount of the
petitioner under different heads and an order in this regard has
already been issued by the Executive Officer, Patna City Circle
vide letter No. 1444 dated 01.09.2021, wherein it has been
disclosed that an amount of Rs.3,88,233/- is still due to be paid
to the petitioner and for that the Executive Officer, Patna City
Circle has also requested the Headquarter for providing the
necessary fund so that the payment may be made to the
petitioner.
4. It is further averred that so far as revision of
pension of the petitioner under 7th Pay Commission is
concerned, the same has already been revised vide Memo No.
899 dated 14.05.2020 and the petitioner is getting her pension as
per 7th Pay Revision. So far arrears of pension from 01.04.2018
to 30.04.2020 as per 7th Pay Revision is concerned, the same
shall be paid along with other dues to the petitioner.
Patna High Court CWJC No.2751 of 2021 dt.02-01-2024
5. Considering the submissions advanced on behalf
of the parties and the averments made in the counter affidavit
filed on behalf of the respondent Nos. 2, 3 and 4, the present
writ petition stands disposed of with a direction to the Patna
Municipal Corporation to ensure payment of all the admissible
dues as has been disclosed in letter No. 1444 dated 01.09.2021
preferably within a period of 12 weeks from the date of
receipt/production of a copy of this order.
6. It is needless to observe that in case admissible
payment shall not be made, the officer responsible for the same
shall be dealt with appropriately.
(Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date 05.01.2024
Transmission Date
