Patna High Court
Ashok DomversusThe Municipal Commissioner, Munger Municipal Corporation
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the Munger Municipal Corporation to adjudicate the petitioner’s claim within 12 weeks and pass the appropriate orders if he is found entitled, thereby disposing of the writ petition.
Summary
Ashok Dom, a former sweeper of Munger Municipal Corporation who retired on 30-04-2016, filed a writ petition seeking payment of arrears of differential salary under the 5th Pay Revision (April 1997 to December 2005), arrears under the 6th Pay Revision (April 2010 to retirement), and pension arrears from retirement to June 2024. The petitioner claimed that despite submitting a representation on 01-01-2026, no payment had been made. The municipal corporation argued that the petition should be disposed with a direction to adjudicate the claim after the petitioner files a detailed representation with supporting documents. The Court noted that a representation had already been filed and ordered the corporation to adjudicate the claim within 12 weeks and pass any necessary orders if the petitioner is found entitled. Consequently, the writ petition was disposed.
Issues considered
- What relief, if any, is appropriate under a writ of mandamus to compel the municipal corporation to pay arrears of salary and pension to a retired employee?
- Whether the municipal corporation must adjudicate the petitioner’s claim within a specified time frame and pass orders if entitlement is established.
Subjects
- pension arrears
- pay revision
- municipal corporation
- writ of mandamus
- service law
- superannuation
- administrative adjudication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3661 of 2026
======================================================
Ashok Dom Son of Shivu Dom, Resident of Mohalla-Purab Sarai, Basanti
Talab, P.S.-Purab Sarai, District-Munger.
... ... Petitioner/s
Versus
The Municipal Commissioner, Munger Municipal Corporation Munger.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Jha, Advocate
For the Respondent/s : Mr.Bindhyachal Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(i) For issuance of writ in the nature of
mandamus commanding and directing the
Respondents concerned to pay the following
amount which has not been paid to the petitioner
till date though the petitioner submitted his
representation 01.01.2026 such as: on
(a) Arrears of differential amount on
account of 5th Pay Revision for the period April
1997 to December 2005
(b) April 2010 to till date of retirement
Patna High Court CWJC No.3661 of 2026(2) dt.18-03-2026
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on 30.04.2016 on account of 6th Pay Revision
(c) Arrear amount of Pension from date
of 2024. retirement i.e 30.04.2016 to June 2024.
(ii) Any/or pass such other order or orders
as deem fit and proper in the interest of justice.
3. Learned counsel for the petitioner submits that the
petitioner was initially appointed as Safai Karmi (Sweeper) in
the Munger Municipal Corporation and the petitioner has
superannuated on 30.04.2016 and after retirement, the
pensionary benefits including revision and arrears of differential
amount of salary on account of 5th Pay Revision, has not been
paid, which has been detailed in paragraph 1 of the writ petition.
4. On the other hand, Sri Bindhyachal Rai, who
appears for the Munger Municipal Corporation, fairly submits
that this writ petition may be disposed of with the direction to
the Munger Municipal Corporation to adjudicate the claim by
fixing a time line and on filing of a detailed representation with
all supportive materials, necessary orders shall be passed in their
favour.
5. Considering the fact that the appropriate
representation (Annexure-P/1) has already been filed for arrears
of pension and its consequential revision along with certain
pensionary benefits and, if on adjudication, it transpires to the
Patna High Court CWJC No.3661 of 2026(2) dt.18-03-2026
3/3
Munger Municipal Corporation that the petitioner is entitled to
such benefits, necessary orders shall be passed within a further
period of 12 weeks from today and benefits shall be also
extended if found entitled, within the same time.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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