IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11909 of 2005 RAM LAKHAN MAHATOO Versus THE STATE OF BIHAR & ORS ----------- 3 03.05.2010 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and Mr. Anil Kumar, learned A.C. to S.C.22 for the State and counsel for the Zila Parishad. The petitioner superannuated from the post of Chaukidar with effect from 30.11.2004 from the Zila Parishad, Gaya under order bearing memo No. 198 dated 30.11.2004 issued by the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Gaya placed at Annexure-1 of the proceedings. Upon non payment of any part of retiral benefits and salary, the present writ petition came to be filed. The statement made in the writ petition has been admitted in the counter affidavit filed on behalf of the Zila Parishad through the Deputy Development Commissioner-cum-Chief Executive Officer who however has mentioned that the dues of the petitioner could not be paid for want of funds. The paucity of fund cannot be a reasonable ground for non payments of retiral 2 benefits of an employee who superannuated almost six years before. The Deputy Development Commissioner-cum-Chief Executive Officer has also admitted non payment of salary of the petitioner since after August, 2000. Having regard to the situation that the petitioner superannuated almost six years back, the writ petition is disposed of with a direction to the respondent No.2, the Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Gaya to ensure the payment of the post retiral dues and other dues of the petitioner within a period of six months from the date of receipt/production of a copy of this order together with admissible interest thereon, if not already paid. Bibhash ( Jyoti Saran, J.)