IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9580 of 2005 SUDAN SON OF LATE SOMARU, RESIDENT OF VILLAGE- SAIDPUR, MAILA TANKI, P.O.-KADAMKUAN, P.S.-RAJENDRA NAGAR, DISTRICT-PATNA. VERSUS 1. THE C.E.O.,PATNA MUNICIPAL CORPORATION, BUDH MARG, PANA 2. THE VIGILANCE OFFICER, PATNA MUNICIPAL CORPORATION, BUDH MARG, PATNA. 3. THE CHIEF ACCOUNTS OFFICER, PATNA MUNCIPAL CORPORATION, BUDH MARG, PATAN ----------- 7 23.04.2010 Heard Mr. Ashutosh Kumar Jha, learned counsel for the petitioner, and Ms. Poonam Kumari Singh, learned counsel for the Patna Municipal Corporation. The petitioner superannuated from the post of Safai Mazdoor with effect from 30.6.2005 while posted in Ward No. 33, Bankipur Anchal in the town and district of Patna. On non payment of his post retiral dues as set out in paragraph 1 of his writ petition, the present writ petition came to be filed and which has been taken up after lapse of five years. Today a counter affidavit has been filed and in which it is stated that the admissible post retiral dues of the petitioner in the pre-revised scale has since been paid to the petitioner who has received the same. The details are set out in memo no. 203 dated - 2 - 11.4.2007 placed at Annexure-A of the counter affidavit. Learned counsel for the petitioner while admitting the payments submits that the entire post retiral dues have been calculated on the basis of the pre-revised scale and the Corporation has not taken into consideration the pay revision which was effective from 1.1.1996 with actual payments from 1.4.1997 and under which not only the petitioner would become entitled for differential of arrears of salary but also the refixation and recalculation of his post retiral benefits. Learned counsel for the Corporation with reference to an order passed in a batch of writ petitions submits that a Bench of this Court taking into consideration the poor financial condition of the Corporation has disposed of the writ petitions with a direction to make payment of the arrears of salary and other dues admissible to the petitioner no sooner the Corporation receives the fund for such purpose from the State Government or generates its own revenue. Learned counsel thus submits that the present writ petition can also be disposed of in the light of the aforesaid direction. - 3 - Having regard to the circumstances that the pay revision took place in the State and the Corporation almost 15 years back coupled with the fact that the petitioner has superannuated on 31.8.2004 and even after a lapse of almost 6 years, is still awaiting the complete redressal of his grievance, I am of the opinion that the claim of the petitioner requires a careful consideration by the Municipal Commissioner. Thus taking into consideration the order passed in C.W.J.C. No. 17890 of 2009 disposed of on 4.3.2010 (Annexure-B), I deem it proper to direct the Corporation to make payment of the arrears of differential amount of salary as also the arrears of differential amount of the post retiral benefits on the basis of pay revision no sooner it receives the funds from the State Government. As the grievance of the petitioner has remained pending for long it is expected that the respondent Commissioner takes appropriate steps for payment thereof, possibly within a period of six months from the date of receipt/production of a copy of the order. The writ petition is disposed of. Bibhash (Jyoti Saran, J.)