IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2341 of 2006 NAFISA KHATOON Versus STATE OF BIHAR & ORS. ----------- For the Petitioner : Mr. Bahzad Akhtar, Advocate For the Opposite Parties : Mr. S.S.Mishra, Junior Counsel to Government Advocate-V ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------- Dated, the 31st July, 2008. The appeal filed by the present petitioner from the order of a Single Judge was dismissed on 30th August, 2005. However, it was observed that since the appellants have retired in the year 2000, their retirement benefits will be finalized within two months from that date. The grievance of the petitioner is that her full retirement benefits have not been paid. 2. A show cause has been filed on behalf of the Superintendent of Patna Medical College and Hospital and it is stated that since the petitioner has not worked regularly, rather she was working on casual basis, it has been found that she was not entitled for pension. As regards gratuity, it is stated that it has been paid and G.P.F. amount has also been paid. 3. In the contempt jurisdiction, the legality and - 2 - correctness of the decision taken by the opposite parties that pension is not payable to the petitioner, cannot be examined. If the petitioner feels that she is entitled to pension, she is free to pursue the remedy available to her in law. 4. M.J.C. is disposed of with the liberty as aforesaid. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-