IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16714 of 2011
Sursatia @ Sursatia Devi, Wife of Late Chhotan Ram, Resident of
Mohalla :- Ratanpura Garha, P.O. - Chapra, P.S. - Bhagwan Bazar,
District - Saran, Retired Sweeper, Nagar Parishad, Chapra.....Petitioner
Versus
1. The State Of Bihar, through Principal Secretary, Urban Development
Department, Government of Bihar, Patna.
2. Nagar Parishad, Chapra, through its Executive Officer, At & PO &
PS:- Chapra, District - Saran.
3. The Chairman, Nagar Parishad, Chapra, At&PO&PS: - Chapra,
District - Saran.
4. The Executive Officer, Nagar Parishad, Chapra, At & PO & PS:-
Chapra, District -Saran.
.............. Respondents
----------------------------------
4 27.09.2011 Heard Sri Mahesh Narayan Parbat, learned counsel for the
petitioner, Sri Ranjan Kumar Dubey, learned AC to Government
Pleader No. 23, who appears for respondent no. 1 /State and Sri Rakesh
Kumar Tiwari, learned counsel appearing for respondent no. 2, 3 & 4
/Nagar Parishad, Chapra.
The petitioner, who retired as class IV employee (Sweeper)
on 30.06.2008 from Chapra Municipality, Chapra now Nagar Parishad,
Chapra, has prayed for directing the respondents to pay arrears of
difference of salary and other retiral dues.
Learned counsel for the petitioner submits that petitioner
has also filed representation before the authority concerned. However,
neither decision has been taken on his representation nor retiral dues
have been paid.
In view of the facts and circumstances, the court is of the
opinion that writ petition can be disposed of granting liberty to the
petitioner to file a fresh detailed representation before respondent no. 4
/Executive Officer, Nagar Parishad, Chapra within a period of six
2
weeks for the relief sought for in the present writ petition. If such
representation is filed, respondent no. 4 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. 4 considers the claim of the petitioner as genuine, he is
required to pass order for payment within aforesaid time. Even in case
of refusal, respondent no. 4 is required to pass a speaking order and
communicate the same to the petitioner within three months from the
date of receipt/production of a copy of this order. Respondent no. 4 is
further directed to take steps for fixing and paying pension to the
petitioner, if petitioner is entitled for the same, within a period of eight
weeks from the date of receipt/production of a copy of this order.
With above observation and direction, the writ petition
stands disposed of.
( Rakesh Kumar, J.)
Praful