IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10241 of 2010
1.RAMKEWAL SINGH, SON OF LATE SHIV SINGH RESIDENT OF MOHALLA
JALKADARBAGH, P.O. MADHAV MILL, P.S. MALSALAMI, DISTRICT PATNA.
2. DEVENDRA RAM SON OF SUKHALU RAM, RESIDENT OF MOHALLA
JALKADARBAGH, P.O. MADHAV MILL, P.S. MALSALAMI, DISTRICT PATNA.
3. RAGHUNANDAN PRASAD SON OF RAJKUMAR MAHTORESIDENT OF
MOHALLA KARMALICHAK, P.O. BEGAMPUR, P.S. BYE PASS THANA, DISTRICT
PATNA.
Versus
1. THE STATE OF BIHAR THEOUGH PRINCIPAL SECRETARY, DEPARTMENT OF
URBAN DEVELOPMENT AND HOUSE, GOVERNMENT OF BIHAR, PATNA.
2. THE PATNA MUNICIPAL CORPORATION, THROUGH ITS MUNICIPAL
COMMISSIONER, BUDH MARG, PATNA-1.
3. THE MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPORATION, BUDHA
MARG, PATNA-1.
-----------
02. 06.07.2010. Heard learned counsel for the petitioners, the State and
the counsel for the Patna Municipal Corporation(hereinafter
referred to as the Corporation).
2. Petitioners are the employees of the Corporation.
They have filed this writ application praying inter alia to direct the
Corporation to make payment of arrears of salary, arrears of
difference of salary in the revised scale, Assured Career
Progression, Dearness Allowance as such payment is not being
released by the Corporation on account of paucity of fund with the
Corporation and for release of fund the Corporation has requested
the State Government.
3. It is submitted by the counsel for the State that the
State has decided to release Rs.60 crore in favour of the local
bodies out of which the share of the Corporation may be to the
extent of Rs.39 crore, so submitted counsel for the Corporation.
4. Having heard counsel for the petitioners, state and
the Corporation and having appreciated the stay order passed by
-2-
the Division Bench of this Court under orders dated 12.5.2008
passed in L.P.A. No.960 of 2007, I dispose of this writ application
with direction to the Corporation to make payment of the arrears
of salary and other dues admissible to the petitioners no sooner
the Corporation receives fund for such purpose from the State
Government or generates its own revenue.
Rajesh/ (V.N.Sinha, J.)