Disposed

Asmania v. the State of Bihar and Ors.

Patna HC17 Oct 2014CWJC/14162/2011

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AI extract

What is this about?

The High Court disposed of a writ petition filed by a retired municipal corporation employee seeking pension and retirement benefits on a revised pay scale. The court directed authorities to ensure the petitioner receives benefits consistent with other employees superannuated on 31.05.2007, staying the matter pending a Division Bench judgment in a related L.P.A.

What did the court decide?

Direction to pay revised pension and arrears consistent with other employees superannuated on 31.05.2007, subject to the Division Bench decision in L.P.A. No. 960 of 2007.

Asmania Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14162 of 2011

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====================================================== Asmania D/O Badri Dom Retired As Safai Sevika In Ward No. 13, In The Office Of Gaya Municipal Corporation, Gaya, At Present Residing At Mohalla - Telbigha, Kali Asthan, P.S.- Kotwali, Distt.- Gaya. .... .... Petitioner/s Versus 1. The State Of Bihar Through Its Secretary Urban Development Department, Bihar, Patna 2. The Municipal Commissioner, Gaya Municipal Corporation, Gaya. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Sinha, Adv For the Respondent/s : Mr. M. D. Dwivedi SC23 For the G.M.C : Mr. R.K. Priyadarshi, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER

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3 17-10-2014 Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:-

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“For issuance of appropriate writ in the nature of mandamus seeking direction to respondents to pay the pension on the basis of revised rate ors scale and further to pay the difference of arrears of pension and other retrial dues on the basis of revised rate of scale as petitioner had retired from her service on 31.5.2007 and her entire post retrial has been calculated and paid on the basis of old scale.”

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Learned counsel for the petitioner has submitted

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that though the petitioner has been paid the arrears of pension and other retirement benefits on the basis of earlier pay fixed by the authorities but then in view of

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the implementation of the revised pay scale the

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Patna High Court CWJC No.14162 of 2011 (3) dt.17-10-2014

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petitioner would be entitled for also payment of revised pension and other retrial dues.

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Learned counsel for the Gaya Municipal Corporation on the other hand has submitted that the issue relating to revised pay scale and consequential retirement benefit is pending consideration before the Division Bench of this Court in L.P.A. No. 960 of 2007 and the payment of revised retirement benefits will be made in accordance with the judgment of the Division Bench in the aforementioned L.P.A No. 960 of 2007.

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That being so, this writ application is disposed of with a direction to the authorities to ensure that the revised retrial benefit to the petitioner is made in the same manner and in the same way as to the other retired employees of Gaya Municipal Corporation who had superannuated on 31.05.2007 and also in the light of the decision to be taken by the Division Bench in L.P.A No. 960 of 2007.

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(Mihir Kumar Jha, J)

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Ranjan/U

Asmania v. the State of Bihar and Ors.

Case brief

What is this about?

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Asmania v. the State of Bihar and Ors.

Case brief

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