DINA NATH Vs. PATNA MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS matter has come up on filing of affidavit on behalf of the petitioner pursuant to the liberty granted vide order dated 23.1.2004 whereby this writ petition alongwith other writ petitions were disposed of in terms of the directions given in the order dated 19.9.2003 disposing of CWJC No. 7054 of 2003 and several other writ petitions by common order with only modification that two paragraphs affidavit personally sworn by the concerned authority regarding compliance must be filed by 9th March, 2004 and this Court directed that the parties would be bound by the said direction and they should proceed in the matter accordingly. In the said order passed in CWJC No. 7054 of 2003 this Court gave liberty to the petitioners to file two pages affidavit for revival and initiating action in case of non -compliance of the order within the stipulated time and further directed that the authority concerned shall be liable to pay a cost of Rs. 5,000/ - from his pocket.

(2.) IN the Affidavit at Flag X filed on 21.7.2004 it is alleged that despite the direction of this Court the respondents have not paid the gratuity, provident fund with interest, leave encashment, D.A., L.I.C. and other admissible amount. The petitioners father was working as Safai Mazdoor in Patna Municipal Corporation who retired and ultimately died without getting the said dues.

(3.) IN view of the law settled on the said issue by this Court in the case of Kaushalya & Ors. V/s. State of Bihar, reported in 2000(1) PLJR 505, following a larger Bench decision of the Supreme Court in the case of State of Bihar V/s. Narasimha Sundram, reported in AIR 1994 S.C. 599, this Court vide order dated 23.9.2004 having prima facie found that the order of this Court had not been complied and the Chief Executive Officer has acted in gross violation of the said order suo motu directed for initiating contempt proceeding against him, and he was directed to personally appear and file his show cause on 27.9.2004 when the matter was directed to be listed for final disposal.