IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14740 of 2005 BHOLA SON OF LATE MANORANJAN @ MARANJAN MANJHI RESIDENT OF MOHALLA – MANGLE GAURI, P.S. CIVIL LINE DISTRICT – GAYA. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER CUM SECRETARY DEPARTMENT OF URBAN DEVELOPMENT GOVT. OF BIHAR OLD SECRETARIATE, PATNA 2. THE GAYA MUNICIPAL CORPORATION GAYA THROUGH ITS CHIEF EXECUTIVE OFFICER DISTRICT – GAYA. ----------- 07. 26.07.2010 Heard learned counsel for the petitioner and the respondent – Corporation. Counter affidavit has been filed on behalf of the respondent no. 2. It is submitted on behalf of the petitioner that his father retired as Sweeper from the service of the respondent – Corporation on 30th of November 1994 and later on died on 30th of October 2002. It is further submitted that out of total retiral dues of Rs. 1,44,036/- payable part payment is made and the balance amount of Rs. 71,196/- as stated in paragraph -6 of the counter affidavit has remained to be paid. Learned counsel for the respondent – Corporation submits that after the death of the deceased employee besides the amount as claimed by the petitioner another person namely, Arjun has also 2 claimed the payment and as such, the corporation is not in a position to make the payment to this petitioner. In the above circumstances, learned counsel for the petitioner submits that the petitioner who is also an employee under the respondent – Corporation, as such, the relevant details with regard to his parentage and other details are available in the records of the corporation. However, in order to expedite the claim, petitioner proposes to represent his grievances by filing a representation before the Municipal Commissioner of the respondent – corporation and the same be considered and the admissible dues be paid, however, if needed, the matter may be enquired by the Corporation on its own level. As prayed for, let the petitioner may file representation before the Municipal Commissioner of the respondent – Corporation. In view of the above, in case such representation stating details of unpaid claims is filed by the petitioner within a period of four weeks along with the certified copy of the present order as also the copy of the relevant documents, if any, in support of the claim, the above respondent shall consider the claims of the petitioner as raised in the representation in accordance with law expeditiously, preferably within a period of six months 3 on receipt of such representation after making needful enquiry in which the another claimant namely, Arjun who has also preferred his claim be also given an opportunity to place his grievance. After considering the entire matter, the representation be disposed of by a reasoned order. In case, representation of the petitioner finds favour, the admitted dues, if any, may also be paid preferably within a period of two months thereafter under intimation to the other claimant namely, Arjun by post under registered cover. The writ application stand disposed of with the above observations/directions. Jagdish/ ( Shailesh Kumar Sinha, J.)