The petitioner sought regularization of service and payment of salary arrears for work performed since 1982. The Court noted the appointment was temporary, funded by the State Council, and not by the Municipal Corporation. The petition was dismissed as it was filed after a lapse of 30 years without proof of continued service.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22675 of 2011
======================================================
Shahjehan W/O Late Abdul Latif R/O Domahla Chaprahi Quarter, Khagaul Road, P.S.- Gardanibagh, Town And District- Patna-1
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar Thakur, Advocate For the PMC : Mr. Arun Kumar, Advocate : Mr. Ranjeet Kumar Pandey, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 08-04-2024
Heard Mr. Abhay Kumar Thakur, learned counsel for the petitioner and Mr. Arun Kumar, learned counsel appearing on behalf of the Patna Municipal Corporation.
Patna High Court CWJC No.22675 of 2011 dt.08-04-2024 2/4
competent authority.
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Patna High Court CWJC No.22675 of 2011 dt.08-04-2024 3/4
And bare perusal of the Annxure-1, which is the appointment letter of the petitioner, it reflects that the petitioner was not appointed by the Municipal Corporation and salary of the petitioner was subject to the fund received from the child welfare institute.
Patna High Court CWJC No.22675 of 2011 dt.08-04-2024
4/4
Municipal Corporation is not a competent authority to pay the arrears of the salary of the petitioner. The petitioner was appointed in the year 1982 and has approached this Court in the year 2011 after lapse of almost 30 years.
(Rajesh Kumar Verma, J)
ajay/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 19 .04.2024 |
| Transmission Date | NA |
2 issues framed by the court
Whether the petitioner can claim regularization of service and arrears of salary after a delay of approximately 30 years.
Whether the petitioner was an employee of the Patna Municipal Corporation entitled to salary from its funds.
Shahjehan
Chief Executive Officer, Patna Municipal Corporation
Chief Accounts Officer, Patna Municipal Corporation
Health Officer, Patna Municipal Corporation
Child Welfare Officer, Bihar State Council For Child Welfare
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
