IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15712 of 2010 1. CHOTTE LAL, SON OF LATE MOTI LAL RESIDENT OF MOHALLA AMBEDKAR COLONY, SANDALPUR, P.O. SULTANGANJ, PATNA-6, EMP. CODE NO.3476. 2. MISHREE SON OF JILE, RESIDENT OF MOHALLA PURVI LOHANIPUR, P.O. KADAM KUAN, PATNA-3, EMP. CODE NO.3503. 3. LAKHAN DAS, SON OF TIPAN, RESIDENT OF MOHALLA BHAWAR POKHAR, P.M.C. WARD OFFICE, P.O. BANKIPUR, PATNA-4, EMP. CODE NO.3502. 4. URMILA WIFE OF LAKHAN, RESIDENT OF MOHALLA NEW POLICE LINE P.O. BANKIPUR, PATNA-4, EMP. CODE NO.3479. 5. SAHNAJ KHATTON WIFE OF LATE SAFIK RESIDENT OF MOHALLA PEER BAHORE P.O. BANKIPUR, PATNA-4, EMP. CODE NO.3409. 6. NIZAM SON OF BUDHAN, RESIDENT OF MOHALLA ALAMGANJ GHERA ALAMGANJ, PATNA-7, EMP. CODE NO.3482. 7. LEELA DEVI, @ LILWA WIFE OF BALKAN RAM, RESIDENT OF MOHALLA AMBEDKAR COLONY, SULTANGANJ, SANDALPUR, PATNA-6, EMP. CODE NO.3474. PRESENTLY RESIDING AT SALIMPUR AHRA, DALDALI ROAD, BAKERGANJ, PATNA, ALL ARE EMPLOYEES OF BANKIPUR ANCHAL-PATNA. 8. MUNNA SON OF RAM BABU, RESIDENT OF MOHALLA NOORANI BAGH COLONY ‘B’ ALAMGANJ, P.O. GULZARBAGH, PATNA-7. 9. EKRAMUL SON OF TABARAK HUSSAIN, C/O MALIK JEE, RESIDENT OF MOHALLA SAKARIGALI, P.O. GULZARBAGH SHERSHAH ROAD, PATNA, BOTH EMPLOYEES OF PATNA CITY ANCHAL. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT AND HOUSE GOVT. OF BIHAR, PATNA. 2. THE PATNA MUNICIPAL CORPORATION THROUGH ITS MUNICIPAL COMMISSIONER BUDH MARG, PATNA-1. 3. THE CHIEF EXECUTIVE OFFICER, PATNA MUNICIPAL CORPORATION, PATNA. 4. THE COMMISSIONER CUM CHIEF EXECUTIVE OFFICER, PATNA MUNICIPAL CORPORATION. 5. THE TOWN COMMISSIONER, MUNICIPAL CORPORATION, PATNA. 6. THE TREASURY OFFICER, PATNA MUNICIPAL CORPORATION, PATNA. ----------- 04. 28.09.2010 Heard learned counsel for the petitioners and the State. - 2 - None appears for the Patna Municipal Corporation(hereinafter referred to as the Corporation), although copy of this brief has been served on the retained counsel for the Corporation Sri Bishwa Bibhuti Kumar Singh on 6.9.2010 and his name is also appearing in the daily cause list but still he has not chosen to appear in this proceeding, in the circumstances, I have no option but to proceed with the matter without the benefit of the submission of the counsel for the Corporation. 2. Petitioner has filed this writ application for a direction to the authorities of the Corporation to consider his case for grant of monetary benefit in terms of Assured Career Progression granted to him and other Class-IV employees of the Corporation under resolution dated 10.9.2006 contained in Annexure-6 to this application. In this connection, petitioner has already filed representation contained in Anenxure-7 series in the light of the order of the Municipal Commissioner of the Corporation dated 16.12.2009, Annexure-8, whereunder learned Municipal Commissioner directed the employees of the Corporation not to file unnecessary writ petition in the High Court but to approach the competent authority of the Corporation by way of representation. 3. It is submitted on behalf of the petitioner that in the light of the instruction of the Municipal Commissioner contained in order dated 16.12.2009 the present representation, Annexure-7 series was filed before the Municipal Commissioner himself but he has not chosen to consider the representation filed in compliance of his own order. Aforesaid situation depicts a very sorry state of affairs - 3 - prevailing in the Corporation as the Municipal Commissioner is not considering the representation filed even in compliance of his own order and the Class-IV employees of the Corporation are forced to approach this Court for a direction to the Municipal Commissioner to consider their representation. 4. Having heard counsel for the Petitioners, I direct the Municipal Commissioner to consider and dispose of the representation of the petitioner, Annexure-7 series in accordance with law as early as possible in any case within two months from the date of receipt/production of this order before the Municipal Commissioner. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)