BIRENDRA KUMAR SINHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) THIS Application for recovery of retiral dues is filed by one Birendra Kumar Sinha, a retired employee of the respondent -Patna Municipal Corporation.

(2.) LEARNED advocate Mr. Prem Nath appears for the petitioner. He concedes that pending this Petition the petitioner has been allowed pension and other retiral dues except Rs. 1,33,612/ - the amount of difference in salary from 1st April 1997 to 30th June 2003 and the amount of dearness allowance of Rs. 44,323/ -.

(3.) LEARNED advocate Mr. Ranjeet Kumar Pandey appears for the Patna Municipal Corporation. He has submitted that the Patna Municipal Corporation is suffering financial crunch and unless the State Government extends financial assistance the Corporation is unable to pay the terminal dues to its employees. The matter whether the State Government is liable to extend the financial assistance, is at large before the Division Bench in Letters Patent Appeal No. 960 of 2007. Learned advocate has submitted that till the said Appeal is pending, the Corporation is not obliged to pay the terminal dues to its retiring employees.