IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1309 of 2010 DULARCHANDRA MANJHI @ DULARCHAND MANJHI SON OF LATE BALESHWAR, RESIDENT OF VILLAGE –RAMPUR, P.O.- PUNPUN, P.S. PUNPUN, DISTRICT PATNA .......APPELLANT Versus 1. THE STATE OF BIHAR , THROUGH THE COMMISSIONER-CUM- SECRETARY, URBAN DEVELOPMENT DEPARTMENT, BIHAR PATNA 2. THE COMMISSIONER-CUM-CHIEF EXECUTIVE OFFICER, PATNA MUNICIPAL CORPORATION, PATNA 3. THE CHIEF ACCOUNT OFFICER, PATNA MUNICIPAL CORPORATION, PATNA ..........RESPONDENTS ----------- 3 25-08-2010 Heard the parties. The writ court has practically granted all the reliefs to which the appellant was entitled, however, the appellant is feeling difficulty on account of probable inordinate delay in grant of arrears of differential salary amount from the Patna Municipal Corporation because of the direction of the writ court to the effect that such arrears should be paid to the appellant after receipt of requisite fund from the State Government. It has been pointed out that admittedly the appellant is son of a deceased employee of the Corporation who died in harness on 27-1-2006. Learned counsel for the appellant has placed reliance upon another order of this court dated 7-4-2010 passed in 2 CWJC no. 3731/2007 in which petitioner was widow of a deceased employee, and a direction was given to the Corporation to pay the similar dues within a period of three months from the date of order. Mr. Chandrasekhar, learned Senior counsel appearing for the Patna Municipal Corporation, fairly submits that in the other case direction was given for payment within three months without awaiting receipt of fund from the State Government only because of acute hardship of a widow. He submits that such order should not be treated as precedent because normally the Corporation is in paucity of funds and makes payments of such dues only on receipt of funds from the State Government. In this case also, we find that the appellant is dependant of a deceased employee who died in harness, hence, the order under appeal is modified only to the extent that arrears of differential salary amount shall also be paid to the appellant within a period of three months. As disclosed above, this order shall not be treated as precedent because it is being passed only in 3 view of acute hardship to the appellant. The appeal stands disposed of. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)