IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17577 of 2010 JADUNANDAN PRASAD SINHA, SON OF GOPAL PRASAD, EX TAX COLLECTOR, NEW CAPITAL CIRCLE, PATNA MUNICIPAL CORPORATION, PATNA. RESIDENT OF VILLAGE SHANKARPUR JHAMA, P.S. NOORSARAI, DISTRICT NALANDA. Versus 1. THE PATNA MUNICIPAL CORPORATION THROUGH THE MUNICIPAL COMMISSIONER, BUDHA MARG, PATNA. 2. THE MUNICIPAL COMMISSIONER, PATNA MUNICIPAL CORPOATION, PATNA. 3. THE CHIEF ACCOUNT OFFICER, NEW CAPITAL CIRCLE, PATNA MUNICIPAL CORPORATION, PATNA. ----------- 02. 25.10.2010 Heard learned counsel for the petitioner, the State and the counsel for the Patna Municipal Corporation(hereinafter referred to as the PMC). 2. Petitioner superannuated while serving as Tax Collector in the New Capital Circle of the PMC with effect from 30.9.1995. He has filed this writ application for payment of monthly pension, as according to him he submitted his application form for grant of monthly pensionary benefit vide receipt dated 10.11.1986, Annexure-2 and 9.11.2005 in the light of the order of the Commissioner-cum-Chief Executive Officer, PMC bearing memo No.2760 dated 27.10.2005, Annexure-4. 3. It is submitted on behalf of the petitioner that when his request for grant of monthly pension was not considered, he represented before the authorities of the PMC under representation dated 9.6.2006 and 20.8.2010 as contained in Annexures-5 and 6 to this 2 application. 4. Counsel for the PMC, on the other hand submitted that request of the petitioner for admission into the pensionary scheme is not permissible, as he never submitted his application form within the time provided in the scheme. In this connection, counsel for the PMC also relied on the orders of the Single Judge of this Court dated 12.5.2010 passed in C.W.J.C. No.6276 of 2009, whereunder placing reliance on the provisions contained in Rule-4(i) of the Patna Municipal Corporation Officers and Servants Pension Rules, 1986 the Hon’ble Judge rejected the request of the petitioner of the said writ case for payment of pension and called upon the State Government to pass appropriate orders accepting the belated option exercised by the petitioner of the said writ case. 5. Having heard counsel for the parties, I dispose of this writ petition directing the competent authority of the PMC and the State Government to consider the request of the petitioner for admission into the pension scheme contained in representation dated 9.6.2006 and 20.8.2010, Annexures-5 and 6 as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the competent authority of the PMC. It shall be open for the 3 competent authority of the PMC or the State Government to ask the petitioner to submit proof in support of his contention that he filed his pension form within the time granted under the Rules or under the orders of the PMC dated 27.10.2005, Annexure-4. Rajesh/ ( V. N. Sinha, J.)