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Patna High Court

Sahdev DomversusThe Municipal Commissioner, Munger Municipal Corporation,

Decided
Disposal
DISPOSED

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
                                            2/3




                           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
                                                       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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