IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.6785 of 2011
SOHAN LAL SRIVASTAVA SON OF LATE UMA SHANKAR LAL,RESIDENT
OF MOHALLA SHARDA VIHAR COLONY MIRAPUR, BASAHI, POLICE
STATION BASAHI, VARANASI, DISTRICT VARANASI (U.P.).
... ... PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY, URBAN DEVELOPMENT,
BIHAR, PATNA.
2. THE MUNICIPAL CORPORATION GAYA, THROUGH ITS
ADMINISTRATOR.
3. THE TOWN COMMISSIONER, GAYA MUNICIPAL CORPORATION (WATER
CORPORATION), GAYA.
4. THE EXECUTIVE ENGINEER, WATER CORPORATION GAYA (MUNICIPAL
CORPORATION), GAYA.
5. DISTRICT PROVIDENT FUND OFFICER, GAYA.
... ... RESPONDENTS.
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2. 19.4.2011. Learned counsel for the petitioner
is permitted to implead District Provident
Fund Officer, Gaya as respondent no.5.
Heard Shri Bakhshi S.R.P. Sinha,
learned Senior Counsel for the petitioner,
Smt. Nutan Sahah, learned A.C. to S.C.1,
who appears on behalf of respondent no.1
and newly added respondent no.5 and Shri
Ravindra Kumar Priyadarshi, learned counsel
appearing on behalf of respondent nos.2, 3
and 4/Gaya Municipal Corporation.
The petitioner, who retired as
Junior Engineer from Gaya Municipal
Corporation with effect from 31.3.2010, has
prayed for directing the respondents for
payment of all the retiral dues which
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include fixation of pension. It has been
submitted by Shri Bakhshi S.R.P. Sinha,
learned Senior Counsel for the petitioner
that despite the fact that petitioner
retired one year back, but till date,
nothing has been paid to him. Even he has
not received amount of G.P.F. and Group
Insurance.
It was further submitted that petitioner has also filed representation
before respondent no.3, but no decision has
been taken till date.
In view of the facts and
circumstances, particularly the fact that
petitioner retired with effect from
31.3.2010, the court is of the opinion that
writ petition can be disposed of granting
liberty to the petitioner to file a fresh
representation before respondent no.3
within a period of six weeks from today. If
such representation is filed, respondent
no.3 is required to examine the same and
pass appropriate order in accordance with
law redressing all the grievances of the
petitioner within a period of three months
form the date of filing of such
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representation. The respondent no.3 is
further directed to make payment of all the
admitted dues within aforesaid time. Even
in case of refusal, respondent no.3 is
directed to pass a speaking order within a
period of three months from the date of
filing of such representation.
With aforesaid observation and
direction, the petition stands disposed of.
N.H./ ( Rakesh Kumar,J.)