PATNA MUNICIPAL CORPORATION Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent Appeal of the High Court of Judicature at Patna arises from the judgment and order of learned Single Judge of this Court. L.P.A. No. 304 of 2009 arises from the judgment and order dated 12.1.2009, passed in C.W.J.C No. 12197 of 2003 (Rajendra Prasad vs. Patna Regional Development Authority and Others). L.P.A. No. 486 of 2009 arises from the judgment and order dated 3.3.2009, passed in C.W.J.C. No. 7271 of 2004 (Shyam Kishore Singh vs. Patna Municipal Corporation and Others). L.P.A. No. 692 of 2009 arises from the judgment and order dated 3.3.2009, passed in C.W.J.C. No. 3041 of 2004 (Tikendra Narain Singh vs. Patna Municipal Corporation and Others). As the issues involved in all the three appeals are common, they have been taken up together with a view to its final disposal. We shall go by the description of the parties and the Annexures as present in the writ proceedings.

(2.) THE petitioner of C.W.J.C. No. 12197 of 2003 had filed the writ petition, inter alia, seeking direction from this Court for payment of his post-retiral dues together with interest specifically detailed in paragraph-3 of the writ petition upon having superannuated on 31.1.2002 as Selection Grade Assistant, serving as In-Charge Head Assistant in the erstwhile Patna Regional Development Authority (hereinafter referred to as the Authority), having its office at Maurya Lok, in the town and district of Patna, constituted under the Bihar Regional Development Authority Act, 1981 (since repealed). THE writ petitioner had contended that even in the absence of any departmental or criminal proceeding, his retiral benefits had been withheld by the respondent authorities including difference of salary which had accrued by reason of implementation of the 6th Pay Revision together with salary for the month of December, 2001 and January, 2002. THE petitioner contended that he had superannuated while serving as Senior Selection Grade Assistant in the pay-scale of Rs. 1,800/- -3,330/-, which was the pay-scale in operation in terms of the decision of the Board of the Patna Regional Development Authority. THE scale was sought to be down-graded under the order dated 25.2.2004 (Annexure-16).

(3.) THE petitioners had contended that the recommendation of the 5th Pay Revision Committee was accepted by the State Government as expressed in its resolution dated 18.12.1999, copy whereof is placed at Annexure-1 to the writ petition. Paragraphs of the said resolution is relevant for the issue involved in these appeals and is being reproduced here in below for the facility of ready reference:-