IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1316 of 2009 THE EXECUTIVE OFFICER, NAGAR PARISHAD, SUPAUL, P.S & DISTT- SUPAUL …… (RESPONDENT NO. 4) ……………………………………………….. APPELLANT Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERMENT OF BIHAR, PATNA 2. THE SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVERMENT OF BIHAR, PATNA 3. DISTRICT MAGISTRATE SUPAUL ……….. ……………….. RESPONDENTS – RESPONDENTS 1ST SET, 4. YUGESHWAR PASWAN, S/O LATE GARBHU PASWAN, RESIDENT OF WARD NO-6 , P.O + P.S & DISTT- SUPAUL …. PETITIONER / RESPONDENT 2ND SET. ----------- 4. 26.03.2010 The present appeal has been filed calling in question the legal propriety of the order dated 4.3.2009 passed by the learned single Judge in C.W.J.C. No. 2918 of 2009. We have heard Mr. Amitesh Kumar, learned counsel for the appellant. It is submitted by Mr. Amitesh Kumar that the learned single Judge has issued a mandamus for payment of pension and other dues to the respondent-writ petitioner by Nagar Parishad, Supaul though pension is not admissible to him. On a perusal of the order passed by the learned single Judge, it is not necessary to express anything in 2 this regard. What has been stated by the learned single Judge, we think it apposite to reproduce the same as under: “The grievance of the petitioner with regard to payment of retirement benefit, in the first instance, must be decided by respondent no. 4, The Executive Officer, Nagar Parishad, Supaul, is accordingly directed to examine the claim of retirement benefit of the petitioner in the light of order passed by this Court on 17.02.2009 in C.W.J.C. No. 2289 of 2009 (Annexure-4), inasmuch as the case of the petitioner stands on an identical footing.” In view of aforesaid, we are of the considered opinion that the learned single Judge has only asked the respondent Nagar Parishad to do the needful keeping in view the order passed in C.W.J.C. No.2289 of 2009. In our considered opinion, the apprehension that is nurtured by the appellant is misconceived. The appeal is accordingly disposed of. Dilip ( Dipak Misra, C.J. ) ( Shailesh Kumar Sinha, J. )