Patna High Court
Sahdev DomversusThe Municipal Commissioner, Munger Municipal Corporation,
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court declined to issue mandamus and instead directed the municipal corporation to adjudicate the petitioner's claim and pass orders within twelve weeks.
Summary
The petitioner, a former Safai Karmi of Munger Municipal Corporation who retired on 30 June 2020, filed a writ petition seeking a mandamus directing the corporation to pay his post‑retirement benefits under the 7th Pay Revision, including differential pension, leave encashment and other dues. He submitted a representation on 11 December 2025 detailing the arrears claimed. The respondent corporation argued that the petition should be disposed of by directing it to adjudicate the claim within a stipulated timeline after receiving a detailed representation. The Court noted that the appropriate representation had already been filed and ordered the corporation to adjudicate the claim and pass any necessary orders within twelve weeks, extending benefits if the petitioner is found entitled. Consequently, the Court disposed of the writ petition without granting mandamus. The order emphasizes administrative adjudication over judicial intervention in the pensionary claim.
Issues considered
- Whether the court should issue a writ of mandamus directing the municipal corporation to pay the petitioner's post‑retirement benefits under the 7th Pay Revision
- Whether the petitioner's claim should be adjudicated by the municipal corporation within a specified time‑frame
Subjects
- post‑retirement benefit
- 7th Pay Revision
- differential pension
- leave encashment
- mandamus
- municipal corporation
- writ petition
- pension arrears
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3673 of 2026
======================================================
Sahdev Dom Son of Babulal Mallik, Resident of Mohalla Mahaddipur, PS
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 Post Retiral
Benefit in terms of 7th Pay Revision such as
Differential amount of Pension, differential amount
of earned leave amount including other admissible
legal dues which has not been paid to the
petitioner till date though the petitioner submitted
Patna High Court CWJC No.3673 of 2026(2) dt.18-03-2026
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his representation on 11.12.2025.
(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 30.06.2020 and after retirement, the
pensionary benefits including differential amount of pension and
differential amount of leave encashment in terms of 7th Pay
Revision including other admissible dues, 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/2) 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.3673 of 2026(2) dt.18-03-2026
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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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