IN THE HIGH COUR T OF JUDICATURE AT PATNA CWJC No.6927 of 2007 Ashok Kumar Singh Versus The State of Bihar & Ors ----------- For petitioner : Mr.Sunil Kumar Singh,Advocate For Sugar Corpn. : Mr.Gyan Shankar, Advocate For the State : Assistant Counsel to SC7 4 07.09.2011 The petitioner states that he has superannuated in September, 2010 having attained the age of 60 years and as such the prayer in the writ petition is being restricted only with regard to non- payment of arrears since the year 1996 when he was working in the Respondent Corporation as Chief Engineer, as also the retiral benefits which are claimed as being due to him. Learned counsel for the petitioner points out that his appointment as Chief Engineer on contract basis vide order dated 15.5.2007 (Annexure-1) as modified by letter dated 15.11.1990 (Annexure-17) was objected to by him inasmuch as the relevant advertisement under which the appointment came to be made (Annexure-6) did not state anything about such appointment being on contract basis. The respondents by their order dated 15.3.1991 then made it clear that the petitioner continued to have lien on the post of Deputy Chief Engineer in which capacity he had been hitherto been working. Learned counsel for the petitioner further submits that he has been working on the post of Chief Engineer since November, 1990 and was being paid upto 1996, whereafter the payment was stopped citing paucity of funds as the reason. He claims that no fault has been found with regard to his services as Chief Engineer and accordingly 2 claims payment of the arrears for the service rendered by him. Learned counsel for the respondents on the other hand invites attention to order dated 10.04.2007 (Annexure-2) highlighting the financially pathetic condition of the Corporation and at the same time also submits that the payment due to the petitioner if at all beyond the period when his contract was terminated is not payable to the petitioner. In the opinion of this Court the ends of justice will be met if the petitioner is directed to file a fresh representation before the respondents detailing his claim for arrears and pensionary benefits. Considering that the claims relate to a period of over 15 years such representation if filed will be disposed of by the competent officer of the Corporation expeditiously, in any case within a period of two months hereof by a speaking order and any payment as may be found due to the petitioner shall also be paid to the petitioner expeditiously. It is common ground that the unit in which the petitioner had been rendering his services was under the process of being auctioned. It is made clear that the payment found due to the petitioner would not unduly be delayed once the auction process is concluded and funds are available with the respondent Corporation. With the above observations, this writ petition is disposed of. Chandran (Vikash Jain,J.)