Patna High Court
Miniya DominversusThe Municipal Commissioner, Munger Municipal Corporation
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court disposed the writ petition, directing the Municipal Corporation to adjudicate the claim and pass orders within twelve weeks, without granting a mandamus.
Summary
Miniya Domin, a former sweeper of Munger Municipal Corporation who retired on 30 June 2023, filed a writ petition seeking a mandamus directing the corporation to pay her gratuity, leave encashment, arrears of salary arising from the 5th and 6th Pay Revisions, pension arrears from July 2023 to June 2024, and the grant of an ACP. She submitted a detailed representation on 23 July 2025 but alleged that no payment had been made. The Municipal Commissioner contended 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 such a representation (Annexure‑P/1) had already been filed and ordered the corporation to adjudicate the claim and pass any necessary orders within twelve weeks, extending benefits if entitlement is established. Consequently, the writ petition was disposed without granting mandamus. The order emphasizes procedural compliance rather than substantive determination of the benefits.
Issues considered
- What relief, if any, is appropriate for a retired municipal employee seeking payment of gratuity, leave encashment, salary arrears, and pension arrears under the applicable Pay Revision orders?
- Whether a writ of mandamus can be issued directing the Municipal Corporation to make the payments immediately, or whether the matter should be adjudicated through the corporation's internal process?
Subjects
- pension
- gratuity
- leave encashment
- pay revision
- municipal corporation
- writ petition
- mandamus
- retirement benefits
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3663 of 2026
======================================================
Miniya Domin Wife of Sahadeo Mallik, Resident of Mohalla-Mahaddipur,
P.S.-Kotwali, 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 her
representation on 23-07-09:09.2025 such as:
(a) Gratuity and Leave Encashment in
terms of 7 Pay Revision applicable w.e.f
01.01.2016 notionally and w.c.f 1.4.2017 actually
(b) Arrears of differential amount of
salary in terms of 5 Pay Revision
(c) Arrears of differential amount of
salary on account of 6 Pay Revision.
Patna High Court CWJC No.3663 of 2026(2) dt.18-03-2026
2/3
(d) Arrears of pension from July 2023 to
June 20249
(e) Grant of A.C.P.
(ii) And/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 30.06.2023 and after retirement, the
pensionary benefits including revision and arrears of differential
amount of salary on account of 5th Pay Revision and 6th 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
Patna High Court CWJC No.3663 of 2026(2) dt.18-03-2026
3/3
pensionary benefits and, if on adjudication, it transpires to the
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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