IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2565 of 2006 BHOLA MIAN, son of Late Noor Md. Mian, resident of Mohall-Madar Darwaza, Sasaram, P.s. and District-Sasaram (Rohtas). Versus 1. THE STATE OF BIHAR through Secretary-cum- Commissioner, Urban Development Government of Bihar. 2. The Special Officer Sasaram Municipality, Sasaram (Rohtas) ----------- 3 18.03.2010 Mr. Md. Bahauddin, learned counsel appearing on behalf of the petitioner, Mr. Santosh Kumar learned A.C. to S.C. 14 for the State and Mr. R.C. Sinha, learned counsel representing the Sasaram Municipality are present. The petitioner had superannuated from the post of Light Supervisor under Sasaram Municipality with effect from 30.11.1995 and on non acceptance of his claim for payment of pension under the provisions of Bihar Municipal Officers and Servants Pension Rules, 1987(herein after referred to as the ‘rules’), came before this Court through C.W.J.C. No. 501 of 2000. The claim of the petitioner was opposed by the Municipality concerned on grounds that the petitioner did not exercise his option within the time prescribed under the Rules and 2 that he had accepted the payments of gratuity and C.P.F. amount which was in forced until the said Rules came into force. The rival contentions upon being noticed by a Bench of this Court, the writ petition was disposed of with a liberty to the petitioner to refund the entire C.P.F. amount received by him together with interest to the Sasaram Municipality within three months and whereupon his case would considered for pension under the provisions of the rule aforesaid. The petitioner by way of the present writ petition contends that although in compliance of the order of this Court placed at Annexure-1 to the writ petition, the writ petitioner deposited an amount of Rs. 11,865/- on 25.11.2004 with the Sasaram Municipality and they have indeed started making payment of the pension amount but only with effect from December, 2005. It is contended that the petitioner having superannuated with effect from 30.11.1995 and having deposited the entire C.P.F. amount with interest, is entitled for arrears of pension for the period December, 1995 until November 2005 and which has not been paid to him as yet giving rise to the present 3 writ petition. Although the writ petition has remained pending before this Court for a period of almost four years but no counter affidavit has been filed on behalf of the respondent municipality. Mr. R.C. Sinha made a prayer for adjournment of the case for seeking instructions in the matter. Having considered the circumstances noted above, no useful purpose would be served in keeping the writ petition pending and the same is disposed of with the direction to the respondent No.2, Special Officer, Sasaram Municipality, Sasaram (Rohtas) to make payment of the arrears of pension amount of the petitioner for the period December 1995 up to Novembers, 2005 within a period of three months from the date of receipt/production of a copy of this order. Bibhash (Jyoti Saran, J. )