IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.562 of 2011 DINESH PRASAD SAHA, S/O LATE LAXMI PRASAD SAHA, R/O MASACK CHAK, 31 S.C.ROAD BHAGALPUR, P.O.+P.S.-BHAGALPUR, DISTRICT-BHAGALPUR. …………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH MR.AMARJEET SINHA, THE PRINCIPAL SECRETARY, HEALTH DEPARTMENT, PATNA. 2. MR. AMARJEET SINHA, THE PRINCIPAL SECRETARY, HEALTH DEPARTMENT, GOVT. OF BIHAR, VIKASH BHAWAN, PATNA. 3. MR.MADAN PRASAD, THE DEPUTY SECRETARY, HEALTH DEPARTMENT, GOVT. OF BIHAR, VIKASH BHAWAN, PATNA. 4. DR.ANIL CHAUDHARY, THE CIVIL SURGEON- CUM-CHIEF MEDICAL OFFICER, SAMASTIPUR, DISTRICT-SAMASTIPUR. 5. DR.SMT. SAROJ SINGH, THE DEPUTY SUPERINTENDENT, SUB-DIVISONAL HOSPITAL ROSHRA, DISTRICT-SAMASTIPUR. 6. DR.ARJUN PRASAD SINGH, THE PRINCIPAL, JAWAHAR LAL NEHRU MEDICAL COLLEGE AND HOSPITAL, BHAGALPUR, DISTRICT-BHAGALPUR. 7. MR.ARUN KUMAR SINHA, THE SENIOR ACCOUNT OFFICER ACCOUNTANT GENERAL OFFICE, BIHAR, PATNA. …………OPP. PARTIES. ----------- 3 03.11.2011 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Accountant General. Learned counsel for the petitioner accepts that, by treating the petitioner to have superannuated with effect from 31.01.2010, petitioner’s entire post-retiral benefits have been calculated and paid, except some petty amount. However, he submits that now the opposite parties are disputing his date of superannuation and are taking a 2 stand that his effective date of superannuation is 31.01.2008. In view of the said dispute, petitioner now apprehends that some orders may be passed adverse to the petitioner which may cause pecuniary loss to him. The date of superannuation of the petitioner was not an issue before this Court in the writ matter and the correctness of the same was not considered while disposing of the same. Hence, this Court cannot pass any order in this contempt proceeding in respect of correctness of the date of superannuation of the petitioner. If the petitioner has any apprehension with regard to that stand of the opposite parties, he is at liberty to challenge the same in an appropriate proceeding in accordance with law. The MJC application is disposed of. Arvind/ ( J.N. Singh, J.)