Patna High Court
Mantuniya Domin @ DomversusThe Municipal Commissioner, Munger Municipal Corporation
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court disposed of the petition, directing the municipal corporation to adjudicate the claim and, if entitlement is established, to pass the necessary orders within 12 weeks.
Summary
The petitioner, a former sweeper of Munger Municipal Corporation who retired on 30‑09‑2025, filed a writ petition seeking a mandamus directing the corporation to pay gratuity, leave encashment, pension arrears arising from the 5th, 6th and 7th Pay Revisions, and the provident‑fund amount deducted. She had submitted a detailed representation on 01‑01‑2026 for the claimed benefits. The corporation contended that the petition should be disposed with a direction to adjudicate the claim after a fresh detailed representation. The court observed that the representation had already been filed and ordered the corporation to examine the claim and, if the petitioner is found entitled, to pass the requisite orders within 12 weeks from the date of the order. Consequently, the writ petition was disposed, with the corporation directed to adjudicate the claim and grant the benefits, if any, within the stipulated period.
Issues considered
- Whether the petitioner is entitled to gratuity, leave encashment, and pension arrears under the 5th, 6th and 7th Pay Revisions.
- Whether a writ of mandamus is the appropriate remedy to compel the municipal corporation to pay the claimed amounts.
- Whether the court should direct the municipal corporation to adjudicate the claim within a specific time‑frame.
Subjects
- pension
- gratuity
- leave encashment
- pay revision
- municipal corporation
- writ of mandamus
- civil writ jurisdiction
- superannuation
- arrears
- provident fund
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3666 of 2026
======================================================
Mantuniya Domin @ Dom Wife of Ashok Dom, Resident of Mohalla-Purab
Sarai, Kali Asthan, 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
For the Respondent/s : Mr.Bindhyachal Rai
======================================================
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 01.01.2026 such as:
(a) Gratuity and Leave Encashment in
terms of 7th Pay Revision applicable w.e.f
01.01.2016 notionally and w.e.f 1.4.2017 actually
(b) Arrears of differential amount of
salary for the period 01.04.1998 to December 2005
on account of 5 Pay Revision
(c) Arrears of differential amount of
salary for the period 01.04.2010 to December 2015
Patna High Court CWJC No.3666 of 2026(2) dt.18-03-2026
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on account of 6 Pay Revision.
(d) Arrear of differential amount of
salary w.e.f 01.04.2017 to till date of retirement Le
30.09.2025 in terms of 7 Pay Revision
(e) Provident Fund amount deducted
from the salary.
(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 30.09.2025 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
Patna High Court CWJC No.3666 of 2026(2) dt.18-03-2026
3/3
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
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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