IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14466 of 2011
Shanti Mehtarani W/O Late Suresh Mehtar R/O Village- Mundichak
(Bhatta), P.S.- Tilkamanjhi, Distt.- Bhagalpur
Versus
1. The State Of Bihar Through Principle Secretary Urban Development
Deptt., Govt. Of Bihar, Patna.
2. The Municipal Commissioner Bhagalpur Municipal Corporation,
Bhagalpur
3. The Chief Executive Officer, Bhagalpur, Bhagalpur Municipal
Corporation, Bhagalpur
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2 7/9/2011 Heard Sri Swapnil Kumar Singh, learned
counsel for the petitioner, Sri Pawan Kumar, learned AC to
Government Advocate No. 5, who appears on behalf of
Respondent No. 1/State of Bihar and Smt. Pravina Kumari,
learned counsel appearing on behalf of Respondent Nos. 2
& 3/Bhagalpur Municipal Corporation, Bhagalpur.
The petitioner, who retired as class IV
employee (Sweeper) from Bhagalpur Municipal
Corporation has prayed for directing the respondents to
pay retiral dues to the tune of Rs. 14,172/- under different
heads, arrears of gratuity as per the Finance Department
Resolution dated 05.05.1998 and all the retiral dues as per
fifth pay revision w.e.f. 01.01.1996 with penal interest.
Learned counsel for the petitioner Sri Swapnil
Kumar Singh submits that for the relief sought for in the
present writ petition the petitioner has filed representation
before the competent authority, and as such, the writ
petition may be disposed of directing the Respondents to
take decision on the representation of the petitioner.
2
In view of stand taken by learned counsel for
the petitioner, there is no need to keep the matter pending.
The writ petition stands disposed of granting liberty to the
petitioner to file a fresh detailed representation before
Respondent No. 2/Municipal Commissioner, Bhagalpur
Municipal Corporation, Bhagalpur for the reliefs claimed in
the present writ petition within a period of six weeks from
today. If such representation is filed, Respondent No. 2 is
required to examine the same and pass appropriate order in
accordance with law within a period of three months from
the date of filing of such representation. If Respondent No.
2 considers the claim of the petitioner as genuine he is
required to pass order for clearing the dues within three
months from the date of filing of such representation. Even
in case of refusal, Respondent No. 2 is required to pass
speaking order and communicate the same to the petitioner
within three months from the date of filing of such
representation.
With above observation and direction the writ
petition stands disposed of.
( Rakesh Kumar, J.)
Praful