Patna High Court

Pratap KumarversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: AJIT KUMAR

Holding

The Court directed the petitioner to file a fresh representation and the municipal corporation to decide the claim within stipulated time, thereby disposing of the writ.

Summary

The petitioner, son of a deceased Class IV employee of Munger Municipal Corporation, filed a writ seeking payment of retirement dues, including the difference under the 7th Pay Revision from April 2017 to March 2020, arrears of family pension up to June 2024, and any other lawful dues. He alleged that the corporation had not acted on his earlier representation. The municipal corporation argued that the petitioner should first file a fresh representation with supporting documents before the corporation. The Court, after hearing both sides, directed the petitioner to submit a fresh representation within four weeks and ordered the corporation to consider and decide it within six weeks, granting any admissible benefits thereafter. Consequently, the writ application was disposed of.

Issues considered

Whether the petitioner is entitled to the difference in salary under the 7th Pay Revision and arrears of family pension.
Whether the court can direct the municipal corporation to consider a fresh representation before adjudicating the claim.

Subjects

retirement dues
family pension
7th Pay Revision
municipal corporation
civil writ jurisdiction
representation

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.5761 of 2026
                 ======================================================
                 Pratap Kumar S/o Jai Kumar Raut, R/o Mogal Bazar, Gumti No. 2, Near Poor
                 House, Kali Asthan Gali, Ward No. 4, P.S.-Kotwali, District-Munger.
                                                                             ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar through the Principal Secretary, Urban Development
                  Department, Government of Bihar, Patna.
           2.    The District Magistrate, Munger.
           3.    The Chairman, Munger Municipal Corporation, Munger.
           4.     The Municipal Commissioner, Munger Municipal Corporation, Munger.
                                                                     ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Anjan Singh
                 For the Respondent/s   :        Standing Counsel (13)
                                                 Mr. K.N. Sahay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   23-04-2026                    Heard learned counsel for the petitioner and

                   learned counsel for the respondents.

                               2. The instant writ application has been filed for

                   directing the respondent no.3 and 4 to pay the retiral dues

                   including the arrear of family pension with statutory interest to

                   the petitioner, which is as follows:-

                                            (i) Difference of amount of payment from
                                            April 2017 till death i.e. 17.03.2020 as per
                                            7th pay revision.
                                            (ii) Payment of arrear of family pension from
                                            17.03.2020 to June, 2024.
                                            (iii) Any other admitted dues for which the
                                            petitioner is legally entitled.


                               3. Learned counsel for the petitioner submits that the

                   difference in amount under the 7th Pay Revision for the period

                   from April 2017 to 17.03.2020, as well as arrears of family

                   pension from 17.03.2020 to June, 2024, have not been paid to
           Patna High Court CWJC No.5761 of 2026(2) dt.23-04-2026
                                                       2/2




                     the petitioner, who is the son of the deceased employee, namely,

                     Kunti Devi, who was a Class IV employee (Ward Jamadar) in

                     the Munger Municipal Corporation, Munger. It is further

                     submitted that a representation has already been filed before the

                     concerned authority, but the same has not yet been considered.

                                 4. At this stage, learned counsel for the Municipal

                     Corporation, Munger submits that the petitioner may be directed

                     to file a fresh representation before Respondent No. 4 along

                     with all supporting documents for redressal of his grievance.

                                 5. Considering the submissions of the parties, this

                     Court directs the petitioner to file a fresh representation

                     appending all material documents, before Respondent No. 4

                     within a period of four weeks from today. Upon receipt of such

                     representation, Respondent No. 4 is directed to consider and

                     decide the same within a period of six weeks thereafter. All

                     admissible benefits to which the petitioner is found entitled shall

                     also be extended in his favour within the same period.

                                 6. With the aforesaid observations and directions, the

                     writ application stands disposed of.



                                                                    (Ajit Kumar, J)
shikha/-

U

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