IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12440 of 2005 1. Safai Mazdoor Sangh,Nagar Panchayat Madhubani, through its Manritri Ram Avtar Ram, son of Faguni Ram resident of Mohalla Babusaheb Chowk, Ward No.21 P.S. and District Madhubani. 2. Ram Avtar Ram son of Faguni Ram resident of Mohalla Babusaheb Chowk, Ward No.21 P.S. and District Madhubani. 3. Satya Narain Ram son of Late Ram Chandra Ram, resident of Mohalla Babusaheb chowk Ward No.4 P.S. and District Madhubani 4. Md. Maqbul Ahmad, son of Md. Daud, resident of Mohalla Bhauara, Ward No.23, P.s. and District Madhubani …Petitioners Versus 1. The State Of Bihar 2. The Collector, Madhubani 3. Nagar Panchayat Madhubani through its Executive Officer, Nagar Panchayat, Madhubani 4. The Executive Officer, Nagar Panchayat Madhubani. P.S. and District Madhubani …Respondents ----------- 04. 23.11.2011 Heard Mr. Siyaram Shahi for the petitioners Mr. Purshottam Jha for the Nagar Parishad. Petitioners approached this Court raising a grievance that Respondent-Nagar Parishad has not paid due salary to its employees including the petitioners. A further grievance has been made that since petitioners and other employees have not been paid salary, the GPF deducted in respect of GPF account of the employees of the Nagar Parishad have also not been deposited. A counter affidavit has been filed on behalf of respondent nos. 3 and 4. In paragraphs 4,5 and 6, the respondents have stated as under:- 4. That the correct fact of the case is that the petitioners are the employees of the Nagar 2 Parishad, Madhubani. The amount of expenditure of Nagar Parishad, Madhubani comes to the tune of Rs.1,86,05,305/- (approximately) where as the income from its own resources comes to the tune of Rs. 67,26,523/- about therefore, there is an annual deficit of Rs.1,19,00,000/- about, which is compensated by the State Government by grant in Aid allotted time to time which causes natural delay in making payment of salary and Retiral Benefits to the employees of the Nagar Parishad. 5. That so far the payments of salary till the date of filing of writ petition is concerned, it is stated that till ate the salary of all the employees have been paid upto June-2010. Therefore, the first prayer of the petitioners have become anfrcutuous because the same has been redressed by the respondent. 6. That so far the second prayer regarding deposit of G.P.F. deduction to the G.P.F. is concerned, it is stated that it has to be done out of own resources but due to scarcity of sufficient fund the Board of Commissioner of Nagar Parishad have resolved to maintain an account of G.P.F, deduction and the share of the Nagar Parishad according to the salary of the individual employee of the Nagar Parishad, and at the time of his retirement, to get his total amount of G.P.F. with interest upto date calculated and paid along with his other retiral dues. This is the practice coming since long and will be applied till the funds are not sufficient, hence the second prayer has been also been redressed by the deponent.” Mr. Jha, on instruction, informs the Court that Nagar Parishad has now paid due salary to its employees upto December, 2010. Considering the prayer with which the present application was filed and the stand taken by the respondents in the counter affidavit, as also the statements made by Mr. Jha, this Court is satisfied that the matter does not require to be pursued further. 3 The application stands disposed of. For the remaining grievance, if any, petitioners would be at liberty to approach the appropriate authority of the Respondent- Nagar Parishad for redressal thereof. hr ( Kishore K. Mandal )