IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.433 of 2009 RAJ BALLAVA PRASAD SON OF LATE SHRI UMESHWAR PRASAD, RESIDENT OF MOHALLA – NAWAGARH, P.S. – CIVL LINES, AT AND DISTRICT - GAYA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, GOVERNMENT OF BIHAR AT PATNA. 3. THE DISTRICT MAGISTRATE, GAYA. 4. THE MUNICIPAL COMMISSIONER, MUNICIPAL CORPORATION, GAYA, DISTRICT – GAYA. ----------- 08. 15.02.2010 A rejoinder has been filed on behalf of the petitioner. Heard learned counsel for the petitioner and the respondent – Corporation. The grievance of the petitioner is that although during the pendency of the writ application, petitioner has been paid pension upto April 2009, However, pension has not been paid thereafter. The further grievance of the petitioner is that till date upon superannuation of the petitioner on 31st of May 1995 from the post of Head Clerk of the respondent – Corporation, the pension for the period February 2005 to May 2005 have not been paid. In addition to that the D.A. over the pension has not been paid as per the Government rate as also the Medical claims. Learned counsel for the respondent – Corporation on the other hand submits that the claim for 2 pension for the period February 2005 to May 2005 is not correct since pension for the above period has been paid which is being denied by the petitioner. As regards, the D.A. over the pension at the government rate, it is submitted that the same has not been paid as per the policy adopted by the Corporation. Learned counsel for the respondent – Corporation submits that order dated 28th of January 2004 was passed on writ petition filed by the petitioner vide C.W.J.C. No. 6086 of 2000 (Annexure- 2) whereby the contempt application arising out of the same order was disposed of. Learned counsel for the Corporation submits that notwithstanding the above, aforesaid claims of the petitioner shall be considered and upon consideration, if any amount is found payable the same also be paid as per law. In the above circumstances, for expeditious disposal of his grievance which have remained to be settled, petitioner shall put his claims which have not been settled as yet before the respondent no. 4 along with the copy of the relevant documents in support of such claim as also the certified copy of the present order. In case such representation is filed within a period of six weeks, respondent no. 4 shall consider each of the claims of the petitioner as raised in his 3 representation in accordance with law expeditiously, preferably within a period of four months on receipt of such representation so that the grievance could be settled and admitted dues found payable could be paid with interest. While considering the representation of the petitioner, respondent no. 4 shall also consider the grievance of the petitioner with regard to the payment of reasonable amount of pension to which the petitioner is entitled. Jagdish ( Shailesh Kumar Sinha, J.)