Shambhu Prasad Mahto v. Bihar State Cooperative Marketing Union Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19919 of 2016 ====================================================== Shambhu Prasad Mahto, Son of Late Narayan Mahto, Resident of village - Kharagpur, Post - Bhataulia, P.S. Desari ( Chandpura OP ), Distt. Vaishali ... ... Petitioner/s

Versus

1. Bihar State Co - operative Marketing Union Ltd. through its Chairman, Biscomaun Bhawan, Patna

2. Chairman, Bihar State Co - operative Marketing Union Ltd., Biscomaun Bhawan, Patna

3. Managing Director, Bihar State Co - operative Marketing Union Ltd., Biscomaun Bhawan, Patna

4. Administrator, Bihar State Co - operative Marketing Union Ltd., Biscomaun Bhawan, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar, Adv.

For the Respondent/s :

Mr. Ishwari Singh, Adv.

For the BISCOMAUN :

Mr. Rakesh Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 27-11-2018 None appears for the petitioner however, Mr. Rakesh Kumar Jha, learned counsel for the BISCOMAUN is present. The present writ application has been filed basically for payment of arrears of salary and other retiral dues. The relief prayed for, as stipulated in paragraph no.1 of the writ application reads as follows:- "That this writ application is filed for issuance of appropriate writ(s) directing the respondents to make payment of arrears of salary gratuity, provident fund, acquired leave salary, family pension and reserved money which have not been paid till now by the respondent to the petitioner who was a watchman in the service of respondents and retired on 31.01.2013."

Patna High Court CWJC No.19919 of 2016 dt.27-11-2018 2/2 Mr. Rakesh Kumar Jha, learned counsel for the BISCOMAUN submits that in pursuance to the order dated 12.05.2016, passed in C.W.J.C. No. 9190 of 2014 (Harendra Chaudhary Vs. State of Bihar), retiral dues of the employee of the BISCOMAUN is being paid in chronological order and the petitioner will be paid his retiral dues on his own turm. Considering the stand of learned counsel for the BISCOMAUN, it is expected from the concerned authority to make payment of arrears of salary and other retiral dues to the petitioner in chronological order, when his term comes. Accordingly, with the above observation and direction, the present writ application is disposed of.

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