IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.5934 of 2011 Smt.Bela Kumari Jha DAUGHTER OF JAWAHAR JHA WIFE OF SRI SHAMBHU NATH JHA RESIDENT OF VILLAGE MAHESI, P.S. TILAKPUR (VIA SULTANGANJ), P.S. SULTANGANJ, DISTRICT BHAGALPUR. Versus The State Of Bihar & Ors ---------------------------------- For the Petitiopner :- Mr. Dev Kumar Pandey For the State :- Mr. Shivam Singh, A.C. to AAG I. ------ 2 01/08/2011 Petitioner’s contention is that she was engaged on daily wage basis to work as a Warden in the Sub Jail, Godda. That was between 27.12.1999 and 5.8.2000. Petitioner has not been paid her due for this period of so called work. From the material annexed it seems that a decision was taken to engage such people by the authorities of Godda Jail which was objected to by the superior authorities and direction was issued for immediate removal. Even though the period in question was just before bifurcation of the State but since all the documents and the respondents fall within the territorial jurisdiction of Jharkhand State, therefore, asking the State of Bihar to decide this issue without necessary material being available or within their jurisdiction or - 2 - custody would be an unfair direction to be issued by this Court. The question is whether there was an obligation at all? For that some kind of adjudication would be required with regard to the material which may be made available by the authorities who fall within the territorial jurisdiction of Jharkhand. If the claim of the petitioner is certified then question of payment will arise. But if there is no declaration with regard to the authenticity of the claim of the petitioner in regard to the manner in which she had been engaged and removed, the issue whether the liability is of the State of Bihar or Jharkhand is not required to be gone into at this stage. For the first adjudication, the State of Jharkhand or the High Court of Jharkhand would be appropriate forum and not this Court. Let the petitioner decide what is best to be done in this matter. This Court will not go into the dispute in the above stated circumstance. This writ application stands dismissed with liberty as above. AMIN/ (Ajay Kumar Tripathi, J.)