IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.1309 of 2010
DULARCHANDRA MANJHI @ DULARCHAND MANJHI SON OF LATE
BALESHWAR, RESIDENT OF VILLAGE -RAMPUR, P.O.- PUNPUN, P.S. PUNPUN,
DISTRICT PATNA .......APPELLANT
Versus
1. THE STATE OF BIHAR , THROUGH THE COMMISSIONER-CUM-
SECRETARY, URBAN DEVELOPMENT DEPARTMENT, BIHAR
PATNA
2. THE COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER, PATNA
MUNICIPAL CORPORATION, PATNA
3. THE CHIEF ACCOUNT OFFICER, PATNA MUNICIPAL
CORPORATION, PATNA
..........RESPONDENTS
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3 25-08-2010 Heard the parties.
The writ court has practically granted all the
reliefs to which the appellant was entitled, however, the
appellant is feeling difficulty on account of probable
inordinate delay in grant of arrears of differential salary
amount from the Patna Municipal Corporation because
of the direction of the writ court to the effect that such
arrears should be paid to the appellant after receipt of
requisite fund from the State Government.
It has been pointed out that admittedly the
appellant is son of a deceased employee of the
Corporation who died in harness on 27-1-2006. Learned
counsel for the appellant has placed reliance upon
another order of this court dated 7-4-2010 passed in
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CWJC no. 3731/2007 in which petitioner was widow of
a deceased employee, and a direction was given to the
Corporation to pay the similar dues within a period of
three months from the date of order.
Mr. Chandrasekhar, learned Senior counsel
appearing for the Patna Municipal Corporation, fairly
submits that in the other case direction was given for
payment within three months without awaiting receipt of
fund from the State Government only because of acute
hardship of a widow. He submits that such order should
not be treated as precedent because normally the
Corporation is in paucity of funds and makes payments
of such dues only on receipt of funds from the State
Government.
In this case also, we find that the appellant is
dependant of a deceased employee who died in harness,
hence, the order under appeal is modified only to the
extent that arrears of differential salary amount shall also
be paid to the appellant within a period of three months.
As disclosed above, this order shall not be
treated as precedent because it is being passed only in
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view of acute hardship to the appellant.
The appeal stands disposed of.
(Shiva Kirti Singh, J.)
BKS/- (Hemant Kumar Srivastava, J.)