IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.423 of 2009 DHEER SINGH @ SUDHIR KR.BALMIK, S/O LATE LAKHI RAM, R/O MOHALLA-1/1 NANDAN COLONY, SHAIDPUR, NAHARPAR, RAJENDRA NAGAR, PATNA-16, P.S. BAHADURPUR, DISTRICT-PATNA, AT PRESENT POSTED AS SANITARY SUPERVISOR, PATNA CITY ANCHAL, PATNA MUNICPAL CORPORATION, BUDH MARG, PATNA-1, DISTRICT-PATNA. -APPELLANT Versus 1. THE STATE OF BIHAR, THROUGH THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA-1 2. THE DEPUTY SECRETARY, URBAN DEVELOPMENT, GOVT. OF BIHAR, OLD SECRETARIAT, PATNA-1. 3. THE DISTRICT MAGISTRATE, PATNA. 4. THE PATNA MUNICIPAL CORPORATION, THROUGH THE COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER, PATNA MUNICIPAL CORPORATION, BUDH MARG, PATNA-1. 5. THE EXECUTIVE OFFICER, PATNA MUNICIPAL CORPORATION, PATNA CITY ANCHAL, PATNA. 6. THE ADMINISTRATOR, PATNA MUNICIPAL CORPORATION, BUDH MARG, PATNA-1. 7. THE DEPUTY COMMISSIONER, PATNA MUNICIPAL CORPORATION, BUDH MARG, PATNA-1. 8. THE ADDITIONAL COMMISSIONER (ESTABLISHMENT), PATNA MUNICIPAL CORPORATION, BUDH MARG, PATNA-1. 9. THE CHIEF ACCOUNTS OFFICER, PATNA MUNICIPAL CORPORATION, BUDH MARG, PATNA-1. 10. THE ACCOUNTS INCHARGE/BILL ASSISTANT, PATNA MUNICIPAL CORPORATION, PATNA CITY ANCHAL, PATNA. 11. THE EXECUTIVE OFFICER, PATNA MUNICIPAL CORPRATION, BANKIPUR ANCHAL, PATNA. 12. THE HEALTH OFFICER, PATNA MUNICIPAL CORPORATION, BUDH MARG, PATNA-1. -RESPONDENTS 2 21.04.2009 It is the case of the writ petitioner that he was initially appointed as a Sweeper on daily wages by Memo. 2 no.61 dated 22.02.1967. It is his further case that he was allowed to work as Sanitary Supervisor in Bankipur Anchal by Office Order no. 2940/C dated 18.10.1978 and he retired as Sanitary Supervisor on 18th October, 1978. He was asked to retire with effect from 28.2.2002. It is his first contention that his retirement date has to be refixed on the ground that on 22.2.1967 when he was appointed his date of birth was shown as 24.2.1957, which was less than ten years of age. Hence his writ petition was dismissed. That apart main grievance of the writ petitioner is that he was neither granted first and second time bound promotions nor was paid salary for the period he already worked as Sanitary Supervisor. He was not paid pension on the basis of work he had done for the last 42 years. Writ petitioner filed representation for time bound promotion etc. as first and second time bound promotion and ACP scale was not given to him. His representation is not disposed of. In the circumstances, we direct the writ petitioner to file fresh representation taking all his grievance other than the date of superannuation to respondent no.4, the Patna Municipal Corporation, along with a copy of this order 3 and within three months from the date of filing of the representation with a copy of the order the respondent no.4 shall consider the same and pass orders on the same with notice to the writ petitioner. With the above directions, this appeal is disposed of. (J.B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AAhmad