IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10568 of 2005 ARBIND KUMAR SINGH, SON OF LATE RAM PRASAD SINGH, RESIDENT OF VILLAGE MADROUNI, P.O. MADRAUNI DISTRICT BHAGALPUR. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA. 2. THE SECRETARY DEPARTMENT OF AGRICULTURE, GOVT. OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY, FINANCE DEPARTMENT, RANCHI-14, JHARKHAND. 4. THE COMMISISONER SANTHAL PARGANA JHARKAHND. 5. THE DY. COMMISISONER, SANTHAL PARGANA GODDA, JHARKHAND. 6. THE DIRECTOR PROVIDENT FUND, PROVIDENT FUND DIRECTORATE, PANT BHAWAN BAILY ROAD, PATNA. 7. THE DISTRICT PROVIDENT FUND OFFICER GODDA, DISTRICT GODDA, JHARKHAND. 8. THE BLOCK DEVELOPMENT OFFICER MEHRAMA DISTRICT GODDA. 9. THE ACCOUNTANT GENERAL BIHAR, BIRCHAND PATEL PATH PATNA-01. ----------- 04.. 23.06.2010. Heard learned counsel for the petitioner, the State of Bihar and the State of Jharkhand as also perused the two separate counter affidavit filed on behalf of respondent nos.3 and 4 to 6. 2. It appears from the pleadings made by the counsel for the parties that petitioner superannuated while service as Village Level Worker in Mehrama block in the district of Godda with effect from 31.12.2000 i.e. after bifurcation of the united State of Bihar and creation of the State of Jharkhand. This writ application has been filed for payment of retiral dues as also other monetary dues of the petitioner in the light of the promotion granted to him after retirement with retrospective effect 3. It is submitted on behalf of the petitioner that as petitioner is resident of State of Bihar he has filed the present writ application for payment of his retiral dues in the Patna High Court. - 2 - 4. Counsel for the State of Jharkhand with reference to the provisions contained in Section-34(1) of the Bihar Reorganization Act, 2000 states that for the reliefs prayed for in the instant writ application petitioner should be well advised to move the Jharkhand High Court. In this connection, reference is made to the averments made in paragraph-5 of the counter affidavit filed on behalf of respondent no.3, i.e. the Deputy Secretary, Finance Department, State of Jharkhand that the Finance Department, State of Jharkhand has no objection if the rightful dues of the petitioner for payment of arrears of salary and retiral dues is paid to him by the Deputy Commissioner, Godda. 5. In the special facts and circumstance of this case without deciding the question of maintainability of the instant writ application in this Court, considering the fact that the present application has remained pending in this Court for about five years, I direct the Deputy Commissioner, Godda, Respondent no.5 to ensure payment of rightful dues of the petitioner including terminal dues and arrears of salary of the promoted post to the petitioner within a reasonable time not exceeding three months from the date of receipt/production of a copy of this order before the Deputy Commissioner, Godda, if not already paid. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha,J.)