IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4872 of 2007 MD.BADIQUE ANSARI Versus THE STATE OF BIHAR & ORS ---------- 02/ 10.05.2010 Mr Gyan Prakash, learned counsel for the petitioner and Mr Uday Shankar Singh learned assistant counsel to G.A.3 for the State are present. Upon non-payment of post retiral dues, petitioner in the light of general direction issued in the case of Mostt. Rukmini Devi reported in 1996(2) PLJR 348 (Annexure 2) initiated a proceeding of contempt for non-compliance of the direction given rise to MJC No. 1957 of 1998. During the pendency of the said proceeding the respondents made payment of his entire post retiral benefits. Learned counsel for the petitioner submits that for no apparent reason pension has been stopped by Chapra Nagar Parishad with effect from June, 2005. He thus submits that the action of the authority of Chapra Nagar Parishad in withholding the pension of the petitioner since June, 2005 on the ground of paucity of fund is patently arbitrary and can not be a reasonable for stopping the said benefit to the petitioner. I am in agreement with the submission of the learned counsel for the petitioner. As there is neither any counter affidavit on behalf of Chapra Nagar Parishad nor there is any representation on their behalf, the writ petition is disposed of with a direction to respondent no.6, the Executive Officer, Nagar Parishad, Chapra to ensure the payment of the pension of the petitioner together with its - 2 - arrears within a period of three months from the date of receipt/ production of a copy of this order. shahid (Jyoti Saran , J)