Sona Devi Vs. the Barh Nagar Parishad and anr - Court Judgment

Excerpt:
in the high court of judicature at patna civil writ jurisdiction case no.406 of 2012 ====================================================== 1. smt. jaibuj mehtarani wife of moh. karim resident of mohalla masud bigha near barh thana, p.s. barh, district-patna .... .... petitioner/s versus 1. the barh nagar parishad through its executive officer, barh, patna 2. the executive officer, barh nagar parishad, barh .... .... respondent/s ====================================================== with civil writ jurisdiction case no.650 of 2012 ====================================================== 1. smt.sumitra @ sumitra domin wife of late lakhan resident of mohalla-masud bigha near barh thana, p.s. barh, district-patna .... .... petitioner/s versus 1. the barh nagar parishad through its executive officer, barh, patna 2. the executive officer, barh nagar parishad, barh .... .... respondent/s ====================================================== with civil writ jurisdiction case no.445 of 2012 ====================================================== 1. smt. koraisa @ koraisa mehtarni w/o moh. rasheed mian r/o mohalla- masud bigha, p.s.- barh, district- patna .... .... petitioner/s versus 1. the barh nagar parishad through its executive officer, barh, patna 2. the executive officer, barh nagar parishad, barh .... .... respondent/s ====================================================== with civil writ jurisdiction case no.418 of 2012 ====================================================== 1. kamla malik @ kamla dom s/o late banwari dom r/o village- akbarpur, p.s.- barh, district- patna .... .... petitioner/s versus 1. the barh nagar parishad through its executive officer, barh, patna 2. the executive officer, barh nagar parishad, barh .... .... respondent/s ====================================================== patna high court cwjc no.406 of 2012 (2) dt.12-01-2012 2 with civil writ jurisdiction case no.559 of 2012 ====================================================== 1. smt.keneja mehtarani w/o abbas resident of mohalla- masud bigha barh thana, p.s- barh, district- patna. .... .... petitioner/s versus 1. the barh nagar parishad through its executive officer, barh, patna.2. the executive officer, barh nagar, parishad, barh. .... .... respondent/s ====================================================== with civil writ jurisdiction case no.527 of 2012 ====================================================== 1. sona devi wife of late krishna mallik resident of mohalla masoomganj, mohamadpur, p.s. barh, district - patna .... .... petitioner/s versus 1. the barh nagar parishad through its executive officer, barh, patna 2. the executive officer, barh nagar parishad, barh .... .... respondent/s ====================================================== with civil writ jurisdiction case no.791 of 2012 ====================================================== bauri mehtarni, wife of late durga mehtar, resident of mohalla salimpur, ward no. 11, near barh thana, p.s.- barh, district- patna. .... .... petitioner/s versus 1. the barh nagar parishad through its executive officer, barh, patna 2. the executive officer, barh nagar parishad, barh .... .... respondent/s ====================================================== appearance : (in cwjc no.406 of 2012) for the petitioner/s : mr. subodh kumar for the respondent/s : mr. tripurari nath amastha (in cwjc no.650 of 2012) for the petitioner/s : mr. subodh kumar for the respondent/s : mr. tripurari nath amastha (in cwjc no.445 of 2012) for the petitioner/s : mr. subodh kumar for the respondent/s : mr. tripurari nath amastha (in cwjc no.418 of 2012) for the petitioner/s : mr. subodh kumar for the respondent/s : mr. tripurari nath amastha (in cwjc no.559 of 2012) for the petitioner/s : mr. subodh kumar patna high court cwjc no.406 of 2012 (2) dt.12-01-2012 3 for the respondent/s : mr. tripurari nath amastha (in cwjc no.527 of 2012) for the petitioner/s : mr. subodh kumar for the respondent/s : mr. tripurari nath amastha (in cwjc no.791 of 2012) for the petitioner/s : mr. subodh kumar for the respondent/s : mr. tripurari nath amastha ====================================================== coram: honourable mr. justice kishore kumar mandal oral order (per: honourable mr. justice kishore kumar mandal”12. 01-2012 heard learned counsel for the petitioners and learned counsel for the barh nagar parishad (for short the parishad). the batch of writ petitions pertain to payment of post retiral dues to the employees and/or his/her legal heirs. petitioners seek directions upon the authorities of the parishad to pay them those retiral dues in accordance with law. with the consent of the parties, all these matters have been heard together and the order present shall govern them. petitioners in all the writ petitions except c.w.j.c. nos. 791 of 2010 and 527 of 2012 are the retired employees of the parishad. petitioners in c.w.j.c. nos. 791 of 2012 and 527 of 2012 are the widows of the retired employees of the parishad. learned counsel for the petitioners submits that the present batch of writ petitions be disposed of permitting the petitioners herein to approach the executive officer of the parishad (respondent no.2) for release of the admitted post retiral dues and the said authority patna high court cwjc no.406 of 2012 (2) dt.12-01-2012 4 be commanded to examine the claim of the petitioners and pay them the admissible post retiral dues within a time frame. it is contended that several such writ petitions have already been disposed of in the aforesaid terms by order dated 5.1.2012 passed in batch of writ petitions being c.w.j.c. no. 23469 of 2011 (sugia devi versus the barh nagar parishad & another) and other analogous matters. learned counsel for the respondent nagar parishad, on instruction, submitted that the matters may be disposed of in the aforesaid terms. considering the stand taken by the parties and the fact that several such matters have already been disposed of by this court, the present batch of writ petitions are disposed of by the following order: let the petitioner of each case file representation detailing claims before the executive officer of the parishad (respondent no.2) within four weeks along with a copy of the present order whereafter the said authority shall examine the claims of each of the petitioner(s) and pass appropriate orders authorizing payment of all admissible post retiral dues in their favour supported by calculation chart, wherever applicable, within two months from the date of filing/presentation of the representation. if any of these patna high court cwjc no.406 of 2012 (2) dt.12-01-2012 5 claims are found not admissible, it is expected that the said respondent shall pass appropriate reasoned order therefor. (kishore k. mandal, j) pankaj kumar/-

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.406 of 2012 ====================================================== 1. Smt. Jaibuj Mehtarani Wife Of Moh. Karim Resident Of Mohalla Masud Bigha Near Barh Thana, P.S. Barh, District-Patna .... .... Petitioner/s Versus 1. The Barh Nagar Parishad Through Its Executive Officer, Barh, Patna 2. The Executive Officer, Barh Nagar Parishad, Barh .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.650 of 2012 ====================================================== 1. Smt.Sumitra @ Sumitra Domin Wife Of Late Lakhan Resident Of Mohalla-Masud Bigha Near Barh Thana, P.S. Barh, District-Patna .... .... Petitioner/s Versus 1. The Barh Nagar Parishad Through Its Executive Officer, Barh, Patna 2. The Executive Officer, Barh Nagar Parishad, Barh .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.445 of 2012 ====================================================== 1. Smt. Koraisa @ Koraisa Mehtarni W/O Moh. Rasheed Mian R/O Mohalla- Masud Bigha, P.S.- Barh, District- Patna .... .... Petitioner/s Versus 1. The Barh Nagar Parishad Through Its Executive Officer, Barh, Patna 2. The Executive Officer, Barh Nagar Parishad, Barh .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.418 of 2012 ====================================================== 1. Kamla Malik @ Kamla Dom S/O Late Banwari Dom R/O Village- Akbarpur, P.S.- Barh, District- Patna .... .... Petitioner/s Versus 1. The Barh Nagar Parishad Through Its Executive Officer, Barh, Patna 2. The Executive Officer, Barh Nagar Parishad, Barh .... .... Respondent/s ====================================================== Patna High Court CWJC No.406 of 2012 (2) dt.12-01-2012 2 with Civil Writ Jurisdiction Case No.559 of 2012 ====================================================== 1. Smt.Keneja Mehtarani W/O Abbas Resident Of Mohalla- Masud Bigha Barh Thana, P.S- Barh, District- Patna. .... .... Petitioner/s Versus 1. The Barh Nagar Parishad Through Its Executive Officer, Barh, Patna.

2. The Executive Officer, Barh Nagar, Parishad, Barh. .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.527 of 2012 ====================================================== 1. Sona Devi Wife Of Late Krishna Mallik Resident Of Mohalla Masoomganj, Mohamadpur, P.S. Barh, District - Patna .... .... Petitioner/s Versus 1. The Barh Nagar Parishad Through Its Executive Officer, Barh, Patna 2. The Executive Officer, Barh Nagar Parishad, Barh .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.791 of 2012 ====================================================== Bauri Mehtarni, wife of Late Durga Mehtar, Resident of Mohalla Salimpur, Ward No. 11, Near Barh Thana, P.S.- Barh, District- Patna. .... .... Petitioner/s Versus 1. The Barh Nagar Parishad Through Its Executive Officer, Barh, Patna 2. The Executive Officer, Barh Nagar Parishad, Barh .... .... Respondent/s ====================================================== Appearance : (In CWJC No.406 of 2012) For the Petitioner/s : Mr. Subodh Kumar For the Respondent/s : Mr. Tripurari Nath Amastha (In CWJC No.650 of 2012) For the Petitioner/s : Mr. Subodh Kumar For the Respondent/s : Mr. Tripurari Nath Amastha (In CWJC No.445 of 2012) For the Petitioner/s : Mr. Subodh Kumar For the Respondent/s : Mr. Tripurari Nath Amastha (In CWJC No.418 of 2012) For the Petitioner/s : Mr. Subodh Kumar For the Respondent/s : Mr. Tripurari Nath Amastha (In CWJC No.559 of 2012) For the Petitioner/s : Mr. Subodh Kumar Patna High Court CWJC No.406 of 2012 (2) dt.12-01-2012 3 For the Respondent/s : Mr. Tripurari Nath Amastha (In CWJC No.527 of 2012) For the Petitioner/s : Mr. Subodh Kumar For the Respondent/s : Mr. Tripurari Nath Amastha (In CWJC No.791 of 2012) For the Petitioner/s : Mr. Subodh Kumar For the Respondent/s : Mr. Tripurari Nath Amastha ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL”

12. 01-2012 Heard learned counsel for the petitioners and learned counsel for the Barh Nagar Parishad (for short the Parishad). The batch of writ petitions pertain to payment of post retiral dues to the employees and/or his/her legal heirs. Petitioners seek directions upon the authorities of the Parishad to pay them those retiral dues in accordance with law. With the consent of the parties, all these matters have been heard together and the order present shall govern them. Petitioners in all the writ petitions except C.W.J.C. Nos. 791 of 2010 and 527 of 2012 are the retired employees of the Parishad. Petitioners in C.W.J.C. Nos. 791 of 2012 and 527 of 2012 are the widows of the retired employees of the Parishad. Learned counsel for the petitioners submits that the present batch of writ petitions be disposed of permitting the petitioners herein to approach the Executive Officer of the Parishad (respondent No.

2) for release of the admitted post retiral dues and the said authority Patna High Court CWJC No.406 of 2012 (2) dt.12-01-2012 4 be commanded to examine the claim of the petitioners and pay them the admissible post retiral dues within a time frame. It is contended that several such writ petitions have already been disposed of in the aforesaid terms by order dated 5.1.2012 passed in batch of writ petitions being C.W.J.C. No. 23469 of 2011 (Sugia Devi versus the Barh Nagar Parishad & Another) and other analogous matters. Learned counsel for the respondent Nagar Parishad, on instruction, submitted that the matters may be disposed of in the aforesaid terms. Considering the stand taken by the parties and the fact that several such matters have already been disposed of by this Court, the present batch of writ petitions are disposed of by the following order: Let the petitioner of each case file representation detailing claims before the Executive Officer of the Parishad (respondent No.

2) within four weeks along with a copy of the present order whereafter the said authority shall examine the claims of each of the petitioner(s) and pass appropriate orders authorizing payment of all admissible post retiral dues in their favour supported by calculation chart, wherever applicable, within two months from the date of filing/presentation of the representation. If any of these Patna High Court CWJC No.406 of 2012 (2) dt.12-01-2012 5 claims are found not admissible, it is expected that the said respondent shall pass appropriate reasoned order therefor. (Kishore K. Mandal, J) PANKAJ KUMAR/-