JUDGMENT : 1. Heard, Mr. Deepak Kumar Prasad, learned counsel for the petitioner, Mr. Ashok Kumar Yadav, learned counsel for the respondent-State and Mr. Ranjit Kumar, learned counsel for the respondent nos. 3 &4. 2. This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 3. Petitioner has preferred this writ petition for direction upon the respondents to pay the retiral benefits such as pension and group insurance on the last pay drawn by him as per 7th Pay Revision and also to pay the difference amount of gratuity, leave encashment which has been paid to the petitioner as per 6th Pay Revision. 4. Mr. Deepak Kumar Prasad, learned counsel for the petitioner submits that the petitioner was appointed in Hazaribagh Nagar Parishad on 01.11.1981 and subsequently to the post of Tax Daroga in the year, 1994 and retired from the said post on 28.02.2019. He further submits that the petitioner has been provided the benefit of 1st and 2nd ACP w.e.f. 09.08.1999 which was fixed by the Executive Officer, Nagar Parishad, Hazaribag in view of Annexure-2 series. He further submits that the petitioner is entitled for the increment pay-scale at par with the Government employee. He further submits that the Department of Urban Development, Government of Bihar issued the letter to all Chief Executive Officer/Administrator of local bodies to pay pension to their employee. He refers Section 58(2) of the Jharkhand Municipal Act, 2011 and submits that there is provision of retiral benefits to their employee under that section. Learned counsel for the petitioner submits that the Department of Urban Development and Housing, Jharkhand issued notification dated 06.02.2017 for payment of pension and gratuity from the own resources by which it has been directed to local bodies to pay the pensonary benefit from their resources. He further submits that the petitioner is getting Rs. 53,600/- basic pay scale and by order dated 25.02.2019 the District Accounts Officer, Hazaribagh has verified the pay scale of the petitioner existing pay scale 9300-34800 G.P-4200 (revised 49000/-) w.e.f. 01.07.2016 which is apparent from Annexure-9 & 9/1 of the writ petition. He further submits that the petitioner is getting Rs. 53,600/- basic pay scale and by order dated 25.02.2019 the District Accounts Officer, Hazaribagh has verified the pay scale of the petitioner existing pay scale 9300-34800 G.P-4200 (revised 49000/-) w.e.f. 01.07.2016 which is apparent from Annexure-9 & 9/1 of the writ petition. He further submits that in view of Annexure 10, 10/1 & 10/2, the Hazaribagh Municipal Corporation Board vide proceeding dated 17.08.2019 approved the pension and gratuity as per current fixation of salary by Agenda No. 70 and subsequently approved by the Department of Urban Development, Government of Jharkhand in terms of Annexure-10, 10/1 & 10/2. He further submits that the petitioner has already submitted representation contained in Annexure-11series. 5. Mr. Ashok Kumar Yadav, learned counsel for the respondent-State submits that representation is there and approval of Government is there, the respondents can take decision in accordance with rules, regulations, guidelines and in terms of Annexure-10, 10/1 & 10/2. 6. Mr. Ranjit Kumar, learned counsel appearing for the respondent nos. 3 & 4 submits that two weeks’ time may be allowed for filing counter-affidavit. 7. The court has taken into consideration Annexure-10, 10/1 & 10/2 which is document by which the Municipal Corporation has already taken a decision with regard to pensonary benefit and subsequently approved by the Urban Development Department, therefore, at this stage, the Court comes to a conclusion that at the first instance, it needs to be decided by the respondent- Municipal Corporation on the representation of the petitioner in the light of Annexure-10, 10/1 & 10/2 and ccordingly at present counter-affidavit is not required, as prayed by Mr. Ranjit Kumar, learned counsel for the respondent-Municipal Corporation. 8. In view of the above facts, the petitioner is directed to move before the respondent-Hazaribagh Municipal Corporation by filing fresh representation along with all credentials on which he is relying within a period of four weeks from today. If such representation is filed within the aforesaid period, the respondent-Hazaribagh Municipal Corporation shall take decision in accordance with rules, regulations, guidelines particularly, taking into account Annexure-10, 10/1 & 10/2 of the writ petition and pass a reasoned order within a period of eight weeks thereafter. If such representation is filed within the aforesaid period, the respondent-Hazaribagh Municipal Corporation shall take decision in accordance with rules, regulations, guidelines particularly, taking into account Annexure-10, 10/1 & 10/2 of the writ petition and pass a reasoned order within a period of eight weeks thereafter. It goes without saying that if the respondent-Hazaribagh Municipal Corporation comes to a conclusion that petitioner is entitled for the benefit as prayed in the writ petition, the same shall be accrued in favour of the petitioner within a period of three weeks thereafter. 9. With the aforesaid observation and direction, the writ petition is disposed of.