IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14466 of 2011 Shanti Mehtarani W/O Late Suresh Mehtar R/O Village- Mundichak (Bhatta), P.S.- Tilkamanjhi, Distt.- Bhagalpur Versus 1. The State Of Bihar Through Principle Secretary Urban Development Deptt., Govt. Of Bihar, Patna. 2. The Municipal Commissioner Bhagalpur Municipal Corporation, Bhagalpur 3. The Chief Executive Officer, Bhagalpur, Bhagalpur Municipal Corporation, Bhagalpur ---------------------------------- 2 7/9/2011 Heard Sri Swapnil Kumar Singh, learned counsel for the petitioner, Sri Pawan Kumar, learned AC to Government Advocate No. 5, who appears on behalf of Respondent No. 1/State of Bihar and Smt. Pravina Kumari, learned counsel appearing on behalf of Respondent Nos. 2 & 3/Bhagalpur Municipal Corporation, Bhagalpur. The petitioner, who retired as class IV employee (Sweeper) from Bhagalpur Municipal Corporation has prayed for directing the respondents to pay retiral dues to the tune of Rs. 14,172/- under different heads, arrears of gratuity as per the Finance Department Resolution dated 05.05.1998 and all the retiral dues as per fifth pay revision w.e.f. 01.01.1996 with penal interest. Learned counsel for the petitioner Sri Swapnil Kumar Singh submits that for the relief sought for in the present writ petition the petitioner has filed representation before the competent authority, and as such, the writ petition may be disposed of directing the Respondents to take decision on the representation of the petitioner. 2 In view of stand taken by learned counsel for the petitioner, there is no need to keep the matter pending. The writ petition stands disposed of granting liberty to the petitioner to file a fresh detailed representation before Respondent No. 2/Municipal Commissioner, Bhagalpur Municipal Corporation, Bhagalpur for the reliefs claimed in the present writ petition within a period of six weeks from today. If such representation is filed, Respondent No. 2 is required to examine the same and pass appropriate order in accordance with law within a period of three months from the date of filing of such representation. If Respondent No. 2 considers the claim of the petitioner as genuine he is required to pass order for clearing the dues within three months from the date of filing of such representation. Even in case of refusal, Respondent No. 2 is required to pass speaking order and communicate the same to the petitioner within three months from the date of filing of such representation. With above observation and direction the writ petition stands disposed of. Praful ( Rakesh Kumar, J.)