IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2990 of 2006 SANTOSH KUMAR & ORS Versus STATE OF BIHAR & ORS ----------- 4 15.7.2008 This application has been filed alleging non- compliance of the order dated 3.5.2006 passed in MJC no.382/2005 and other connected writ applications whereunder this court directed Bihar State Cooperative Marketing Union (hereinafter referred to as ”Biscomaun”) to pay arrears of salary to the petitioners along with Devendra Kumar Singh in whose case Hon’ble Supreme Court had passed orders dated 5.4.2006 for payment of salary. It is submitted on behalf of the petitioners that even after passage of more than two years of passing order dated 3.5.2006,no arrears of salary in compliance of the said order has yet been paid and this court should proceed in contempt against the authorities of the Biscomaun. Learned counsel for the Biscomaun states that there is paucity of fund and payments including arrears of salary and retiral dues are to be made to the employees as per availability of the fund in a chronological order as per date of their retirement as serving employees are presently paid - 2 - adhoc salary and not arrears of salary. In this connection he has also referred to the order dated 21.4.2008 passed by a Division Bench of this court in LPA no. 778 of 2007 whereunder the Division Bench allowed Biscomaun authorities to pay retiral dues of its retired employees as and when fund is available and in compliance of the said order the arrears of salary dues of its serving employee shall also be paid as and when funds are available. In this connection this court may refer to its own order dated 31.5.2007 passed in CWJC no.7351/06 and other analogous matter in which this court directed Biscomaun authorities to pay arrears of salary and retiral dues to its employees within a time frame, failing which the Registrar Cooperative Societies was directed to proceed with the winding up the Biscomaun. Against which order Biscomaun preferred LPA no.778 of 2007 which was disposed of under the aforesaid orders dated 21.4.2008 giving a long rope to the authorities of the Biscomaun to pay the retiral dues as and when fund is available. As Division Bench has allowed such long rope to the authorities of the Biscomaun, this contempt application - 3 - alleging non-compliance of the orders of this court for payment of arrears of salary is accordingly, dismissed. shahid (V.N.Sinha, J)